Terms of Sales

Terms and conditions of sale

LEXIQUE:       For the purposes of these General Terms and Conditions of Sale, the following definitions apply:

 

•      "In these Terms and Conditions of Sale, an "Advertiser" is an entity whose Messages (whether created by itself or on its behalf by a third party) are placed by The Buyer via a campaign.

 

•      "Agent" means any natural or legal person acting on behalf of the Advertiser.

 

•      "The Buyer or the User or the Company" means the natural or legal person who may be the "Advertiser" or its "Agent" as well as any other person who has the power and authorisation to place an order and who meets the conditions for access to the Médiabuy Africa platform, in particular, for natural persons, being at least 18 years old.

 

•      "Account or Customer Account" refers to a virtual account created on the Médiabuy Africa platform which allows the buyer to carry out and record any action on the Médiabuy Africa platform and in particular to purchase advertising space. The account is created by the buyer on the Médiabuy Africa platform by filling in the online form and ticking the boxes accepting the General Terms and Conditions of Sale as well as the General Terms and Conditions of Use.

 

•      "Provisional Quotation or Proposal" means the document that will result from the requests made by the Buyer on the Mediabuy Africa platform. This document will list all these requests and will evaluate their total cost. This document does not constitute a definitive offer; it constitutes a simulation that must be validated by MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform.

 

•      "Advertising Order" or "Order" or "Purchase Order" the agreement for the broadcast of an advertising message, relating to purchases made by the Advertiser.

 

•      "The channel or media or Diffuser” through which the advertising messages will be broadcast: Press, Television, Radio, Public Display, Websites;

 

 

•      "Campaign" means a marketing operation designed to promote a brand, a product, a service, a message, etc. To ensure its success, an advertising campaign relies on communication media to get its message across.

 

•      "Media buying" is the process of buying, negotiating and reserving advertising space, which is carried out by the Médiabuy Africa platform on behalf of the buyer.

 

•      "Global Media Plan" means the complete summary of all bookings made by the buyer on the Mediabuy Africa platform.

 

•      "Schedules or Broadcast Reports" showing all broadcasts actually carried out.

 

•      "Messages or advertising messages" or visuals or insertions or advertisements or spots or creations, are : The texts, images, music, sounds and voices making up the advertising element (collectively Advertisements) intended to be broadcast in the media. These messages are supplied by the buyer to the Médiabuy Africa platform on electronic files: Image file for the press, websites and Public Display, Sound file for radio, Video file for Television.

 

•      "Currency Exchange Rate" means the rate we use to convert a currency for illustrative purposes; this is currently the WM/Refinitiv Closing Spot Rate but is subject to change.

 

•      "Taxes" refers to all import taxes, customs duties and value added taxes, all taxes specific to advertising according to the countries in which the messages are broadcast.

 

•      "Platform or Service" means the Mediabuy Africa website.

 

•      "Third Party Content" refers to any service accessible by any means or contact via the Mediabuy Africa platform.

 

•      "Cookie" includes computer files allowing the recording of information relating to the user's navigation but also tags, pixels or any other tracer or means of recovering information via a technical tool including in particular the "fingerprinting" method.

 

•      "General Terms and Conditions of Sale and General Terms and Conditions of Use or Conditions"   These General Terms and Conditions of Sale and General Terms and Conditions of Use.

 

 

 

 

 

 

 

 

 

 

PREAMBLE:

 

MEDIABUY AFRICA is a trade name belonging to MEDIABUY COMMUNICATION - FZCO, registered in Dubai - United Arab Emirates, under licence No. 57411.

 

 

AGREEMENT BETWEEN THE PARTIES :

 

These General Terms and Conditions of Sale as well as the General Terms and Conditions of Use are agreed between MEDIABUY COMMUNICATION - FZCO with a capital of AED 100,000, having its registered office at Dubai Digital Park, Dubai Silicon Oasis, Building A1, Dubai, United Arab Emirates, manager of the Mediabuy Africa platform.

And

the buyer, whose name or company name as well as the required information have been filled in by him/her in the account opening form of the Mediabuy Africa platform, thus confirming the electronic acceptance of the General Terms and Conditions of Sale as well as the General Terms and Conditions of Use.

 

These General Terms and Conditions of Sale and the General Terms and Conditions of Use govern the advertising services of MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform.

They are accessible via the "client account(s)" granted to the buyer on the Mediabuy Africa platform within the framework or which incorporate by reference these General Terms and Conditions of Sale and the General Terms and Conditions of Use.

 

Considering the foregoing, the parties agree as follows and that this constitutes a legal agreement and creates a binding contract between the buyer and MEDIABUY COMMUNICATION - FZCO.

 

By accessing, downloading, using or clicking on "I accept" to accept any service from MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform (as defined below), the Buyer acknowledges having read, understood and accepted all the terms of the General Terms and Conditions of Sale and General Terms and Conditions of Use stipulated herein.

 

These General Terms and Conditions of Sale are applicable to all Advertising Orders purchased on the Médiabuy Africa platform.

MEDIABUY COMMUNICATION - FZCO reserves the right to modify the provisions of these General Terms and Conditions of Sale at any time, it being specified that the modifications will only be applicable from the date of their publication on the Médiabuy Africa platform website. In the event of modification of the General Terms and Conditions of Sale, Orders validly concluded prior to the said modifications will continue to produce their effects until their expiry. Where applicable, commercial offers may contain provisions derogating from these General Terms and Conditions of Sale.

 

Please read these terms and conditions carefully as they govern your use of the Mediabuy Africa platform services. These conditions contain important provisions, including a provision that requires all claims to be resolved amicably and possibly by arbitration.

By accessing, using or attempting to use the services of the Mediabuy Africa platform in any capacity whatsoever, the buyer acknowledges that he/she agrees to be bound by these general terms and conditions of sale and general terms and conditions of use.

 

IF THE BUYER DOES NOT AGREE, HE MUST NOT ACCESS THE MEDIABUY AFRICA PLATFORM AND MUST NOT USE THE SERVICES OF THE MEDIABUY AFRICA PLATFORM.

 

 

 

1/ DESCRIPTION :

 

1.1/     MEDIABUY COMMUNICATION - FZCO provides buyers with access to a platform called Médiabuy Africa which can be accessed at the following address: https://www.mediabuy.africa

 

This Médiabuy Africa platform enables buyers to draw up their media plan directly and to access several functionalities including, in particular, the simulation of advertising space purchases, the result of which will be offered in the form of a provisional quote or proposal, with the aim of launching their advertising campaigns on several media. This provisional quote does not constitute a firm and definitive offer, as it must be validated after checking the availability of the requested content. The buyer will receive a definitive quote containing our acceptance or our amendments. This definitive quote may now be accepted by the user or rejected.

 

It is specified that MEDIABUY COMMUNICATION - FZCO reserves the right to modify the functionalities and/or content of the Médiabuy Africa platform at any time, as well as to temporarily or permanently suspend the provision of this tool, which the buyer expressly acknowledges and accepts.

 

1.2/ The buyer, if he has valid access to the Médiabuy Africa platform, may carry out a simulation of the purchase of advertising space or a purchase of this space by selecting the following criteria:

-              Scope of distribution ;

-              Type of medium

-              The broadcast period;

-              Number of broadcasts;

-              Budget;

-              Users can see a summary of their Global Media Plan and budget.

-              He will be able to modify it at any time to adjust it.

 

1.3/ The Mediabuy Africa platform does not constitute a recommendation or an endorsement of any medium or their products, services, information, etc. In order to avoid any form of doubt, MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform do not provide any communication consultancy service, the information contained in the Mediabuy Africa platform is only indicative, it is not proposed to influence the buyer's decisions. MEDIABUY COMMUNICATION - FZCO L and its Médiabuy Africa platform may provide elements that may include, on a non-exclusive basis, information about its platform and products in order to enable users to become better acquainted with the services. This information may include, but is not limited to, links to third party content, news feeds, tutorials and videos. The information provided on the Mediabuy Africa platform or any third party sites shall not be considered as communication advice, financial advice, business advice or any other type of advice and the buyer shall not consider any element of the Mediabuy Africa platform or any third party sites as such. MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform cannot be held responsible for decisions that the buyer makes on the basis of information gathered on the Médiabuy Africa web platform.

 

1.4/ Although MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform try to provide accurate and up-to-date information on their Website (including, without limitation, the Content), the latter may not always be entirely accurate, complete or up-to-date and may also include technical inaccuracies or typographical errors. In an effort by MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform to provide the Buyer with information that is as complete and accurate as possible, information may be changed or updated from time to time without prior notice, including, without limitation, information regarding its policies, products and Services. Consequently, any decision based on the information present on the MEDIABUY COMMUNICATION - FZCO Website and its Médiabuy Africa platform is the sole responsibility of the Buyer and MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform shall not be held liable for such decisions. Information provided by a third party is published for information purposes only and MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform make no representations or warranties as to its accuracy. Links to third-party content (including, without limitation, websites) may be provided as a convenience but are beyond the control of MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform.

 

1.5/ The Médiabuy Africa platform has the specificity of presenting several media and supports offering specific categories of offers in a fixed geographical area, and with their own criteria (deadline, price); the information contained in the platform comes from the supports or media. As a result, the buyer is fully informed that MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform cannot be held responsible, directly or indirectly, for the modification or unavailability of offers from the media, the Mediabuy Africa platform cannot guarantee that all the information it contains is accurate, contains errors, interruptions or missing information, although MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform do their utmost to correct them as soon as possible. In the same way, it is expressly agreed that MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may not be called upon as a guarantee by the buyer due to possible breaches by the media or supports of their contractual, legal or ethical obligations. The buyer is informed and acknowledges that the information accessible via the Mediabuy Africa platform is given for information purposes only and shall under no circumstances constitute a firm and definitive offer.

 

The Buyer acknowledges and accepts that MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform are not responsible for any aspect of the information, content or services present in any third party material or Internet site accessible directly via links from the MEDIABUY COMMUNICATION - FZCO Internet Site and its Médiabuy Africa platform.

 

No indemnity, compensation or price reduction may be requested by the purchaser on the basis of these heads.

 

The buyer shall carry out its space purchase simulations itself, on the Médiabuy Africa platform, which is available 24 hours a day and 7 days a week, the sales department being available from 8:00 a.m. to 8:00 p.m. UTC 6/7 from Monday to Saturday.  

 

 

1.6/ NOTE CONCERNING THE MEDIA :

 

The commercial agreement established between advertisers and MEDIABUY COMMUNICATION – FZCO, through its platform Médiabuy Africa, does not include any partnership, exclusive mandate, or contractual commitment with the media outlets or publishers referenced on the platform, unless expressly stated otherwise.

The mention of these media outlets or publishers is solely intended to inform advertisers of their presence in the African media landscape and to enhance their visibility among professional stakeholders.

 

All information published regarding such media or publishers originates from:

·       either public and legally accessible sources, including official websites or publicly available publications,

·       or direct and voluntary transmission by the media outlets themselves to our teams.

 

The rates displayed are provided for information purposes only and do not constitute a binding rate card or commercial offer from the media entities concerned. These details may not reflect the latest updates applied by the third-party media.

MEDIABUY COMMUNICATION – FZCO and its Médiabuy Africa platform act solely as intermediaries or commercial references. They claim no exclusive rights or official representation of the media outlets mentioned. All elements shown on the platform (rates, formats, visuals, logos, etc.) remain the exclusive property of their respective owners.

 

Accordingly, MEDIABUY COMMUNICATION – FZCO disclaims any liability with respect to:

·       the accuracy, completeness, or timeliness of the information provided;

·       any subsequent modifications made by the media outlets themselves.

 

No published information constitutes the disclosure of confidential or protected data under applicable commercial law.

If a media outlet or publisher does not wish to appear on the platform, it may request the immediate removal of its information by sending a written request to the following email address: commercial@mediabuy.africa.

Likewise, any media entity wishing to update or correct its information may do so by submitting a request to the same address.

 

Access to the Médiabuy Africa platform is strictly limited to professional use, subject to prior registration and approval.

Users agree to maintain the confidentiality of all information provided and not to reproduce, distribute, or use it outside the scope of their professional activities. Breach of these terms may result in account suspension and legal action.

Each media outlet or publisher mentioned retains the right to review the information related to them and may request its removal or correction at any time by sending a request to: commercial@mediabuy.africa.

In return, the media outlet or publisher expressly acknowledges that its sole available remedy is to request the removal or correction of the data, and that no legal action, financial claim, or demand for damagesmay be brought against MEDIABUY COMMUNICATION – FZCO or the Médiabuy Africa platform.

 

 

 

2/ CUSTOMER ACCOUNT AND REGISTRATION

 

All users must create an account on the Mediabuy Africa platform before using its services. See the General Conditions of Use and accept them before any use at the following address

 

https://www.mediabuy.africa/cgu

 

By these General Terms and Conditions of Sale and the General Terms and Conditions of Use, the buyer accepts and acknowledges that he/she has reached the legal age in his/her jurisdiction to accept this Agreement, and that he/she has not previously been suspended or banned from using Mediabuy Africa's Services.

 

MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may refuse, at their discretion, to open a customer account for the Buyer.

 

2.1/ Verification of the user's identity

 

The registration of an account by the Buyer on the Mediabuy Africa platform will be considered as his/her agreement to provide the personal information required for the verification of his/her identity. This information will be used to verify the identity of Users. 

 

2.2/ In order to use the Services of the Mediabuy Africa platform, the Buyer may have to fulfil certain legal obligations of his/her country and/or state of residence. By accepting the terms of this Agreement, the Buyer confirms that he/she has consulted the laws and regulations, that he/she is aware of any such obligations and that he/she complies with them.

 

2.3/ After registration, the buyer must ensure that the information is true, complete and updated in a timely manner when it has been modified. If there is reason to believe that any information provided by the buyer is incorrect, false, outdated or incomplete, the Mediabuy Africa platform reserves the right to send a notice to the buyer to request correction, and if necessary, to terminate all or part of the services provided by the Mediabuy Africa platform to the buyer. If the Mediabuy Africa platform is unable to contact the buyer with the contact details provided, the buyer will be fully responsible for any loss or expense caused to the Mediabuy Africa platform during its use. The buyer acknowledges and accepts by these General Terms and Conditions of Sale and the General Terms and Conditions of Use that he/she has the obligation to update all information in case of change.

 

 

3/ CAMPAIGNS AND SPACE PURCHASES.

 

The buyer declares that he has the power and is authorised, himself or the company or advertiser that he represents either as an employee, agent, intermediary, beneficiary or any other function that authorises him to place orders with MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform.

 

The purchaser declaring that he/she is the rightful owner or agent of the rightful owners of the artistic, intellectual and copyright property on the messages, orders and authorises MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform and any entity, support or media to, from time to time, place his/her advertising messages, in any form (Audiovisual, Publishing, multimedia, collectively, "Messages") on any support or media that the purchaser has selected.

 

The buyer is solely responsible for all Messages, their content, geographical targeting decisions and the distribution and selection of recipients to whom the Messages are directed. MEDIABUY COMMUNICATION - FZCO or Médiabuy Africa may not be held liable for any claim by a third party concerning the use of Messages and the rights arising therefrom. Third party claimants may not claim any compensation or indemnity from MEDIABUY COMMUNICATION - FZCO or Médiabuy Africa for any reason whatsoever.

 

In order to enable us to carry out its campaigns, the purchaser shall send us electronic files containing creations, images, films, voices, soundtracks or montages (collectively advertising messages) for broadcast on the media or supports selected by the purchaser.

 

By uploading these messages onto our Platform, the buyer confirms that they comply with our criteria and undertakes to respect the following:

 

•      They are genuine and that the buyer owns the Rights to them

•      They do not contain any viruses;

•      the buyer is authorised to share it on our platform MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform are authorised to transmit it to the various media

•      media chosen by the buyer, the buyer accepts full responsibility for any legal claim against MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform relating to the content or distribution of these messages.

 

For the sake of clarity: MEDIABUY COMMUNICATION - FZCO and its platform Médiabuy Africa are not responsible for the images uploaded on our Platform. They are authorised to delete any message at our discretion (e.g. if we detect that a message does not meet the above criteria).

MEDIABUY COMMUNICATION - FZCO and its platform Médiabuy Africa declines all responsibility for what happens to the messages once they have been transmitted to the media or supports, with the exception of broadcasting operations in accordance with the buyer's order.

 

The conclusion of an Advertising Order by the buyer implies acceptance of the present General Terms and Conditions of Sale, of the customs and regulations relating to advertising, and of the rules of advertising ethics applicable in the area of distribution of the media. It is hereby specified that any other document whatsoever sent to MEDIABUY COMMUNICATION - FZCO or Médiabuy Africa by the purchaser, referring to its own commercial conditions, shall only have an indicative value and shall not imply any acceptance of the said conditions by MEDIABUY COMMUNICATION - FZCO or Médiabuy Africa, which shall be unenforceable against it.

 

Advertising Orders may be placed through an intermediary. In this case, these General Terms and Conditions of Sale shall apply to the agent as well as to the principal "the advertiser" and any other person who has fulfilled the conditions of access to the Médiabuy Africa platform.

 

MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform as well as the media are free to refuse the execution of an Order and/or to cancel it at any time, without payment of compensation, in particular :

 

When a message is likely to harm their image or their commercial, ethical or editorial interests;

•      When a message is likely to incur their liability;

•      When a message is likely to offend the public;

•      When a message does not comply with the regulations or laws in force in the country where the media is distributed.

•      Because of the public service missions of the media.

•      Due to a technical problem with the medium or its partial or total unavailability.

•      In general, the Buyer shall refrain from

 

•      Promote substances, services, products or media that contravene the laws and regulations applicable in any country in which its Messages are broadcast, placed or otherwise made available.

•      Engage in any other commercial practice that is illegal or fraudulent under the laws of any state or country in which its Messages are made available to the public.

•      Will not provide Messages that contain or connect to malicious software or code, spyware or unwanted software, violate or knowingly circumvent any security measures of a Programme.

 

Orders not executed in this respect will not be invoiced to the purchaser, who may not claim any compensation or indemnity whatsoever.

The media reserve the right to restrict access to their advertising space to certain categories of Advertiser, in whole or in part, at any time, in view of :

•      Their legal or regulatory obligations;

•      For reasons of image or ethics;

•      Depending on the availability of the space requested at the time.

 

Within the framework of these General Terms and Conditions of Sale and to the greatest extent permitted by law, no condition, guarantee or other implicit term shall apply (including any implicit term concerning satisfactory quality, adaptation to use or conformity with description) to the Campaigns and Space Purchases provided by MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform. Neither MEDIABUY COMMUNICATION - FZCO nor its Médiabuy Africa platform, nor the media, provide any guarantee concerning the Buyers' Campaigns or their results. To the fullest extent permitted by law, MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform do not promise to inform buyers of any defects or errors made by the latter in the development of their campaigns, media plans and media purchases.

 

Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Médiabuy Africa reserves the right to change, modify or impose additional restrictions at its discretion and at any time.

3.8 SPECIFIC PROCEDURES FRANCE MEDIAS MONDE

The Broadcaster authorizes the Platform to market Advertisers' Advertising Messages within the Advertising Spaces only under the following conditions:

- The Platform must ensure that Advertisers comply with the Broadcaster's general terms and conditions of sale, available via the link mentioned above.

- The Platform must ensure that Advertisers comply with the list of sectors where advertising is prohibited, available in Appendix 1.

 

3/ PURCHASING PROCEDURES

 

3.1/ MEDIABUY COMMUNICATION - FZCO offers each buyer the following commercial procedures:

 

•      A provisional quote for the sale of advertising space directly on the customer account created by the buyer via the Médiabuy Africa purchasing platform. Prior to any reservation request, the buyer must create a customer account in accordance with the General Conditions of Use available by clicking on the following link: https://www.mediabuy.africa/cgu

 

•      A quote for the sale of advertising space from the Médiabuy Africa Sales Department.

In this case, the MEDIABUY COMMUNICATION - FZCO General Terms and Conditions of Sale will apply in the same way as on the Médiabuy Africa platform. The buyer may also benefit from special conditions negotiated directly with the Sales Department.

 

 

3.2/ PURCHASING PROCEDURE VIA THE MEDIABUY AFRICA PLATFORM

 

The buyer, directly via the Médiabuy Africa platform, shall validate his/her choices by clicking, which shall constitute acceptance of these MEDIABUY COMMUNICATION - FZCO General Terms and Conditions of Sale and shall constitute a provisional quote for the sale of advertising space, subject to :

 

•      The eligibility of the product or service, the campaign and the buyer;

•      The availability of the media or supports;

•      Modification of rates by the media/support chosen.

•      The stipulations of these General Terms and Conditions of Sale.

 

In the event that the advertising spaces proposed by the media or supports are not available on certain dates defined by The buyer at the time of his/her order, then Mediabuy Africa's sales department will propose a new Global Media Plan that is as close as possible to The buyer's initial order.

 

The buyer may :  

I - Either accept it or amend it and a new availability check will be carried out,

II - Cancel the order. In the event of a cancellation by the purchaser, MEDIABUY COMMUNICATION - FZCO will reimburse the sums received as soon as possible; no compensation, offset or price reduction may be requested by the purchaser on the basis of these grounds.

 

In the event that the purchaser or the campaign, or the product or service, is ineligible, the sale shall not be formed, and MEDIABUY COMMUNICATION - FZCO shall refund the sums unduly paid as soon as possible without the user being able to claim interest or any other compensation.

 

In order to proceed with the creation of a provisional quote, the buyer must complete a form containing the following information in particular: billing address, trade register number, tax identification number, telephone number, e-mail address, and any other information enabling the buyer to be identified.

 

The Médiabuy Africa platform provides The Buyer with a Global Media Plan as well as a detailed budget for all space purchases. These documents can be viewed and downloaded from the Médiabuy Africa platform.  

 

The provisional quote created on the Médiabuy Africa platform will then be checked for media availability and rates.

Validation of the provisional quote or amendments to the provisional quote will be sent to the buyer.

 

Once the buyer agrees with the final quote, he will send an order form and make the payment.

 

The buyer is informed that his campaign can only be broadcast after a minimum period of 30 working days from the date of receipt of the funds by MEDIABUY COMMUNICATION - FZCO.

 

The buyer accepts the commercial procedure with MEDIABUY COMMUNICATION - FZCO as defined above.

MEDIABUY COMMUNICATION - FZCO and its Mediabuy Africa platform may not be held liable for any fraudulent or malicious action carried out on the computer or telephone network used.

 

 

3.3/ MODIFICATION, CANCELLATION OF ORDERS

 

Any request for cancellation or modification of an Order by the Buyer must be sent via the Mediabuy Africa platform.

Cancellation or modification remains possible at any time before the execution of the requests contained in and subject to the Order. However, the costs actually incurred by MEDIABUY COMMUNICATION - FZCO and/or its Mediabuy Africa platform on behalf of the Buyer between the confirmation of the Order and its cancellation or modification date will be invoiced to the Buyer, with proof.

4/ RATES, PRICES AND RATE CHANGES

 

Provisions relating to rates, prices and rate changes.

 

4.1/ The prices indicated are made up of :

 

•      The unit prices, inclusive of all taxes, in the price lists for the media.

However, any specific taxes may be applied depending on the countries involved in the execution of the campaigns;

 

•      A commission of 15% exclusive of tax applied to the total amount of the budget constituting the service provided by the Mediabuy Africa platform;

 

•      Any discount may be negotiated directly with the Mediabuy Africa sales department.

 

If MEDIABUY COMMUNICATION - FZCO and the Mediabuy Africa platform find themselves obliged to collect or pay Taxes, they will be invoiced to the buyer, unless the latter provides MEDIABUY COMMUNICATION - FZCO, in good time, with a valid tax exemption certificate issued by the competent tax authority. The buyer will pay all the amounts invoiced without deducting or withholding Taxes.

 

4.2/ The prices indicated on the Médiabuy Africa platform are given as an indication, in the event that the price conditions of the media have changed before, at the time of, or after the date of the definitive order by the buyer, then Médiabuy Africa will inform the buyer who will be free to confirm, modify or cancel all or part of his/her order at no cost to him/her. The buyer may not claim any compensation or indemnity for any reason whatsoever. In the event of total or partial cancellation or modification of the order giving rise to a credit, the purchaser may request a credit note or reimbursement of this credit as soon as possible.

 

4.3 / The buyer accepts that MEDIABUY COMMUNICATION - FZCO and its Médiabuy Africa platform are not responsible for any fluctuation in the prices of media.

4.4/ The purpose of the "last minute service" is to allow the buyer to make important last minute changes. The buyer's requests will be subject to these General Terms and Conditions of Sale and negotiated directly with the Sales Department.

 

 

5/ INVOICING AND TERMS OF PAYMENT

 

5.1/ Invoices and credit notes are drawn up electronically by MEDIABUY COMMUNICATION - FZCO on behalf of the purchaser.  The purchaser is always liable for payment of the Advertising Order.

 

An option allows the buyer to view the rates in various currencies.

 

The currency exchange rate we use to convert a currency is indexed to the current rate and is given to the buyer as an indication.

 

The rates and total amounts on the invoice will be expressed in AED (United Arab Emirates Dirham) and/or Euros.

 

The total amount of the invoice, including all taxes, shall be the amount that MEDIABUY COMMUNICATION - FZCO shall collect from the purchaser, without this amount being subject to bank transfer fees, exchange fees, tax deductions or any other fees.

 

All of these methods of payment involve the use of secure connections with banking establishments or companies that have developed payment solutions. MEDIABUY COMMUNICATION - FZCO declines all responsibility resulting from the malfunction or failure of connections or sites developed by third parties in order to proceed with payment, as well as any fraudulent use of the user's means of payment that may result.

 

5.2/ COMPLIANCE WITH LOCAL LAWS

 

Users are responsible for complying with local laws relating to the lawful use of Mediabuy Africa services in their local jurisdiction as well as other laws and regulations applicable to users. Users must also consider, to the extent of their local laws, all aspects of taxation, withholding, collection, reporting and remittance to their relevant tax authorities. All users of the Mediabuy Africa services acknowledge and represent that their funds originate from legitimate sources and are not the result of illegal activities; users agree that Mediabuy Africa may require them to provide or otherwise collect such information and documentation as may be required by applicable laws or governmental orders to verify the legality of the sources and use of their funds. Mediabuy Africa maintains a position of cooperation with law enforcement authorities around the world and will not hesitate to seize, freeze, terminate the accounts and funds of users reported or under investigation by legal warrant.

5.3 CSR/Anti-corruption

As a national broadcasting company with a public service mission, Les Broadcasteurs is committed to respecting a set of values ​​and principles in the social and environmental fields, in line with the company's purpose as enshrined in its articles of association.

In this capacity, Les Broadcasteurs is developing a Corporate Social Responsibility (CSR) strategy in both the social and societal sphere (measures promoting gender equality and parity, combating discrimination, integrating people with disabilities, and representing diversity in programming) and the environmental sphere (broadcasting programs on combating climate change and protecting biodiversity, eco-responsible practices, etc., on RFI, France 24, and MCD radio and digital platforms).

Furthermore, the Broadcaster intends to establish business relationships in general with individuals or companies that attach particular importance to the fight against fraud, corruption and influence peddling, while taking care to prevent any conflict of interest 

 

5.5 Environmental Scope

The Parties undertake, at a minimum, to comply with the legislative and regulatory requirements in force at the place of performance of the services relating to the protection and enhancement of the environment, and to make their best efforts to minimize the impacts of their activities on the environment, including, but not limited to:

- Participation in the fight against and adaptation to climate change by reducing their greenhouse gas emissions (emissions assessment, reduction of energy consumption, etc.)

- The protection of ecosystems and biodiversity

- The prevention and sustainable use of resources and waste

Furthermore, the Parties are encouraged to adopt voluntary targets for reducing their environmental impacts, or to commit to aligning with the objectives set by the Paris Agreement on climate change.

6/ "FREELANCE" DISTRIBUTION REPORTS

 

The circulation reports will be made available on the Médiabuy Africa platform, as proof of the execution of the space purchases ordered and detailed in the Global Media Plan. They will be available within approximately 30 days after the end of the campaign. The buyer will be informed of the availability of downloadable circulation reports on the Médiabuy Africa platform. MEDIABUY COMMUNICATION - FZCO and Médiabuy Africa cannot be held responsible for the delivery time of these reports, which the buyer expressly acknowledges and accepts.

 

The circulation reports shall be presented as follows:

 

•      Press: Electronic file containing scans of the pages where the visuals and/or messages are printed on the media where the insertions were ordered.

•      Radio: Electronic file containing a scan of the document from the medium showing the actual broadcast schedule for the commercials. This document will detail the days, times and number of broadcasts.

•      Television: Same as Radio

•      Billboards: Electronic file containing photos of all the billboards where the visual and/or messages have been displayed.

•      Websites: File containing screen copies of the pages of the websites where the visuals and/or messages were displayed.

 

 

7/ CONDITIONS OF DISTRIBUTION

 

7.1/ AUTHORISATIONS

 

For all advertising messages intended to be broadcast and in certain countries indicated on the Médiabuy Africa platform, the buyer's messages must obtain the broadcasting agreement of the local advertising management authority. Médiabuy Africa may intervene in the follow-up of this broadcasting agreement, the specific rights and taxes as well as the amount of this additional service will be transmitted to the buyer for agreement and invoiced in addition.

 

 

7.2/ BROADCAST INCIDENTS