Terms and Conditions

This is a courtesy English translation. The legally binding version of the Terms and Conditions is the Czech one; in case of any discrepancy, the Czech version prevails.

1. Introduction

Linketica is a system that brokers sponsored posts between Advertisers and Publishers. The system lets Advertisers request sponsored posts and Publishers offer their advertising space for sponsored posts. The system helps both parties conclude a deal, which it records, archives and settles.

2. Definitions

• Service user – a legal entity or a natural person over 15 years of age who has not been deprived of legal capacity.
• Advertiser – a service user requesting space for sponsored posts.
• Publisher – a service user offering advertising space for sponsored posts.
• Space – a website or a social-network account owned or lawfully used by the Publisher.
• Sponsored post – a paid text, image or video post in the Publisher's Space, published by the Publisher for a fee according to the Advertiser's request and agreement.

3. Operator

The website and the brokerage system are operated by:

Webio s.r.o.
Milíře č.ev. 26
468 03 Rádlo
Czech Republic
Company ID (IČ): 24654663
VAT ID (DIČ): CZ24654663

The company is registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, section C, insert 55668.

Contact:
Phone: +420 774 493 246
E-mail: info@linketica.com

Bank account (CZK):
Fio banka, a.s.
2303472186 / 2010
CZ43 2010 0000 0023 0347 2186
BIC: FIOBCZPPXXX
Bank account (EUR):
Fio banka, a.s.
2303472194 / 2010
CZ21 2010 0000 0023 0347 2194
BIC: FIOBCZPPXXX

4. Course of cooperation

4.1. Advertiser

The Advertiser fills in an Inquiry in their account administration. They name the inquiry and describe what is to be promoted. In the inquiry it is possible to request that the Publisher draft the post, or the Advertiser supplies a finished text/image/video for publication. Attachments (logo, graphics) may be added to the inquiry as needed. In the inquiry the Advertiser selects the desired channels, the target language and the price they are willing to pay for a sponsored post.

For an inquiry the Advertiser can choose the following target languages of sponsored posts:

• Czech
• Slovak
• English
• Polish

For an inquiry the Advertiser can choose the following target channels:

• blog/magazine (PR article)
• Twitter (tweet)
• Facebook (page post)
• Instagram (photo post)
• Youtube (video post)

Offers of spaces from Publishers, together with their price, start to appear for the inquiry. The Advertiser selects from these offers and confirms interest in a sponsored post for the chosen spaces. When a space is approved, the corresponding amount is blocked in the Advertiser's credit system.

If drafting of the text/image/video is requested, the Publisher sends the proposed post to the Advertiser for approval. The Advertiser approves the proposed post for publication, or discusses improvements with the Publisher and then approves it.

The system automatically monitors publication of the approved post and, once published, transfers the blocked amount from the credit system to the Publisher. The Advertiser then sees the link to the published post in the inquiry overview.

The provider reserves the right to reject an inquiry at any time, including during the service, at its own discretion.

4.2. Publisher

The Publisher fills in a form in the administration to add a space to the system. For the advertising space they state the language it is written in and which channel it concerns. They also add their financial preferences for a post. For a space to work in the system it must be approved by the system administrators.

The system supports these channels:

• blog/magazine (PR article)
• Twitter (tweet)
• Facebook (page post)
• Instagram (photo post)
• Youtube (video post)

For an approved space, inquiries for posts in suitable price ranges are displayed. The Publisher can offer their space for selected inquiries.

Acceptance of a space is valid for 10 days from the time of acceptance. Once the acceptance expires, if the post is not submitted for approval, the acceptance lapses irreversibly.

An article for a blog/magazine must, upon submission, have a minimum length of 1 standard page (1,800 characters).

When a space is approved for an inquiry, the Publisher is invited to publish the requested post or to draft their own post. Their own draft is sent to the Advertiser for approval. The Advertiser may discuss and edit the proposed post before approval.

After publishing the approved post, the Publisher enters the URL of the published post into the system. The post is checked and, if no discrepancy is found, the agreed credit is added to the Publisher.

The provider reserves the right to reject an advertising space at any time, including during the service, at its own discretion.

5. Finance

All amounts in the operator's credit system are stated excluding VAT.

The operator keeps a credit account for the user on the operator's website.

Before intending to use the services, the Advertiser is obliged to top up credit in an amount sufficient to cover the required services. Credit is topped up by transfer to the operator's bank account or through the Gopay payment system, using a variable symbol generated in the administration. The minimum top-up amount is CZK 1,000 excluding VAT.

A non-business natural person is paid out immediately; a business natural person or a legal entity is asked to send an invoice before payout. If the Publisher is a VAT payer, VAT is added to the payout.

In the event of insufficient credit, the operator is not obliged to provide the brokerage of sponsored posts. With insufficient credit, some services may be limited.

Upon the Advertiser's request, the operator returns unused credit to the account from which the credit account was topped up.

Long-term inactive account. Credit is not a deposit or money held on the user's behalf – the operator is neither a bank nor a payment institution and the credit account is not a place where funds are stored. It is a payment made in advance for the services the user orders in the system; the operator uses it to run the service and maintain the account.

The unused credit remains within the user's control at all times: they may ask for it back at any time under the preceding paragraph, and every login to the account restarts the period set out below.

If the user does not log in to their account for 12 months, the operator treats the account as abandoned and is entitled to stop maintaining the credit account, cancel the account and not return the unused credit. The period is counted from the day of the user's last login.

This provision applies to credit topped up on or after the effective date of these terms.

6. Creation, course and termination of the contractual relationship

The contractual relationship arises by duly completing the registration form on the operator's website and confirming agreement with these general terms. All data in the registration form must be completed fully and truthfully. Registration is confirmed via a link sent to the given e-mail that the user controls; the user may also be contacted by phone to verify the truthfulness of the data provided.

A service user may terminate the contractual relationship at any time by a proper written notice sent to the e-mail address info@linketica.com, thereby closing their account. The notice takes effect on the day it is delivered. Rights and obligations arising up to the day of termination remain unaffected by delivery of the notice.

After giving notice, the service user completes any unfinished deals. The Advertiser's remaining credit will be sent to the account from which the last payment came. The Publisher's remaining credit will be duly invoiced.

The provider reserves the right to reject a service user at any time, including during the service, at its own discretion.

The operator is entitled to cancel unused accounts after 12 months without a user login. Any unused credit in such an account is dealt with under Article 5 of these terms (Long-term inactive account).

7. Obligations of the service user

The service user must not engage in any activity that damages the good reputation of the system, the operator or entities affiliated with the system.

The service user must not engage in any activity that, by technical means, harms the operation of the service or entities affiliated with the system.

The service user must not engage in any activity that, by technical or other means, mass-collects data and information from the system.

The service user must not submit inquiries or spaces that violate the laws of their country or good morals.

The service user is obliged to provide truthful data and not to manipulate such data in a misleading way. The operator is entitled to require the service user to verify the data provided.

The service user is obliged not to change the content or appearance of approved and paid sponsored posts for the entire duration of their publication for the consumers of the advertising space.

8. Confidentiality of information and processing of personal data

The service user is obliged to keep confidential all confidential information of the operator and its system, unless released from this obligation by the operator's prior written consent. Confidential information of the operator means all information that is not publicly known, in particular information about technologies, program code, guidelines and documentation, technical conditions and other documents relating to the operator or the system.

The operator processes the personal data of the service user provided during registration and while using the service, namely: name and surname (business name), address, company ID and VAT ID, telephone number, e-mail address, billing and payment data, and records of the use of the service.

The legal basis for the processing is the performance of the contract concluded with the service user (Art. 6(1)(b) GDPR), for accounting and tax documents the operator's compliance with a legal obligation (Art. 6(1)(c)), and for protection against misuse of the service and the recovery of receivables the operator's legitimate interest (Art. 6(1)(f)).

Data is processed for the duration of the contractual relationship and thereafter for as long as required by law (usually 10 years for accounting and tax documents) or for as long as mutual claims may be raised.

The operator passes personal data only to processors involved in operating the service – in particular providers of server and data storage, e-mail delivery and the payment gateway – and to persons to whom disclosure is required by law. Personal data is not transferred outside the European Economic Area unless the transfer is safeguarded by one of the instruments under Chapter V GDPR.

The service user has the right of access to their personal data, to rectification or erasure, to restriction of processing, to data portability, the right to object to processing carried out on the basis of legitimate interest, and the right to lodge a complaint with the Office for Personal Data Protection (www.uoou.cz). These rights are exercised at info@linketica.com.

Detailed information on the processing of personal data under Art. 13 GDPR – the scope of data, purposes and legal bases, retention periods, recipients and the rights of data subjects – is set out in the Personal Data Processing Policy.

The use of the service user's name or business name in marketing materials and in customer lists on the operator's website is based solely on separately granted consent. Such consent is voluntary, has no effect on the provision of the service, and the service user may withdraw it at any time at info@linketica.com; the withdrawal does not affect the lawfulness of processing carried out before the withdrawal.

9. Provisions for consumers

This article applies only where the service user is a consumer, i.e. a natural person who concludes the contract with the operator outside the scope of their business activity or the independent exercise of their profession. To the extent that this article conflicts with other provisions of these terms, it prevails.

Withdrawal from the contract within 14 days. The consumer has the right under Section 1829 et seq. of the Czech Civil Code to withdraw from a contract concluded over the internet without giving a reason within 14 days of its conclusion. The withdrawal shall be sent to info@linketica.com; the deadline is met if it is dispatched on the last day of the period. The operator returns the unused credit to the consumer within 14 days of the withdrawal, by the same means by which it received it, unless the consumer directs otherwise.

If the consumer requests that the provision of the service begin during the withdrawal period and the contract is subsequently performed in full, the right to withdraw ceases; if the consumer withdraws before full performance, they shall pay a proportionate part of the price for the performance already provided. Withdrawal therefore does not affect the Publisher's claim to remuneration for sponsored posts already brokered and published.

Defects and complaints. Rights arising from defective performance are governed by the Czech Civil Code. The consumer shall lodge a complaint at info@linketica.com. The operator confirms its receipt and settles it no later than 30 days from the day it is lodged, unless a longer period is agreed with the consumer.

Out-of-court dispute resolution. Under Section 20e of Act No. 634/1992 Coll., on consumer protection, the Czech Trade Inspection Authority is competent for the out-of-court resolution of consumer disputes arising from the contract; registered office Gorazdova 1969/24, 120 00 Prague 2, website www.coi.cz. The consumer may also use the online dispute resolution platform operated by the European Commission. The operator provides this information in fulfilment of the information duty under Section 14 of the same Act. Supervision of compliance with the Consumer Protection Act is exercised by the Czech Trade Inspection Authority.

Governing law and jurisdiction. The contract and the relations arising from it are governed by the law of the Czech Republic. This does not deprive the consumer of the protection afforded by the provisions of the law of the country of their habitual residence from which no contractual derogation is permitted. Disputes shall be heard by the courts of the Czech Republic; the jurisdiction of the court in a dispute with a consumer is governed by law and is not restricted by these terms.

10. Final provisions

The operator reserves the right to change these terms, in particular to improve the quality of the service, clarify the conditions and provide further related services. The operator will send notice of the new terms to the service user's contact e-mail address. If the service user does not agree with the new terms, they have the right to terminate the services (see Creation, course and termination of the contractual relationship).

If the service user or the operator does not require the performance of any provision of these terms, this does not mean that they have permanently waived such provision, and they have the right to require performance of such provision at any time in the future.

The service user assumes the risk of a change of circumstances and excludes the provisions governing disproportionate reduction and the use of commercial customs. This paragraph does not apply where the service user is a consumer.

The service user must not, without the operator's prior written notice, transfer any of their rights and obligations arising from these terms to third parties. If they do, the operator has the right, without prior notice, to block that user's account, with all resulting consequences, until the rights to the account are clarified.

The operator is not liable for any damage to the user in the event of force majeure and unforeseen events (server outages, power outages, decisions of public authorities, state of war, terrorist attack, revolution, flood, natural disaster, etc.). In such a case the provider is obliged to take steps to minimise the damage. The provider is entitled to require the costs incurred to minimise damage during force majeure from the service user. The costs of minimising damage must be in balance with the value being saved, i.e. must not exceed the usual price.