Sample contract for the provision of advertising services. Sample contract for the provision of advertising services free download. Advertising market functions

in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Agency”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. TERMS AND DEFINITIONS

1.1. For the purposes of this Agreement, the following terms and definitions are used:

1.1.1. Mass media (media)– periodic printed edition, radio, television, video program, newsreel program, other form of periodical distribution of mass information.

1.1.2. Advertising and/or PR event- an event (campaign, action) aimed at informational impact on consumers in order to promote the products (works, services) of the customer (advertiser) in the market for the sale of products (works, services).

1.1.3. Advertising– information disseminated in any form, by any means about an individual or legal entity, goods, ideas and undertakings (advertising information), which is intended for an indefinite circle of persons and is designed to form or maintain interest in these individuals, legal entity, products, ideas and endeavors and promote the realization of goods, ideas and endeavors.

1.1.4. Advertising and information materials (RIM)- a form of advertising information (advertising) ready for distribution, including any text, sound, radio, audio materials, illustrations, commercials, posters, calendars, posters, booklets, promotional gifts, etc.).

1.1.5. Customer (advertiser)- a legal or natural person that is a source of advertising information for the production, placement, subsequent distribution of advertising and advertising and information materials, advertising and PR events.

1.1.6. Advertising maker- a legal or natural person who carries out full or partial reduction of advertising information to a form ready for distribution (directly carries out the production of RIM).

1.1.7. Advertiser– a legal or natural person placing and / or distributing advertising information by providing and / or using property, incl. technical means and radio and television broadcasting equipment, as well as communication channels, airtime and other means.

2. SUBJECT OF THE CONTRACT

2.1. The Agency under this Agreement is an authorized advertising Agency. The Agency assumes obligations to carry out all types of advertising and PR activities, including the placement of advertising and information materials of the Customer and / or the Customer provided by the Customer in the media, conducting marketing and PR campaigns (actions in the field of public relations) customer and/or customer in the territory Russian Federation.

2.2. The Agency undertakes, for a fee, to perform legal and other actions on behalf of the Customer, in accordance with the terms of this Agreement, on its own behalf, but at the expense of the Customer, or on behalf and at the expense of the Customer, including:

2.2.1. production of advertising and information materials (posters, posters, brochures, albums, catalogs, brochures, advertising letters, etc.), technical means of stable territorial location ( advertising structures, stickers, banners, scoreboards, etc.); if necessary, development of design and estimate documentation;

2.2.2. development and production of sketches for labels, samples, original and branded packages, packaging, purchase and / or production of promotional souvenirs, etc.;

2.2.3. decor permits in the organs local government, other authorized bodies and organizations, for the distribution of advertising, including outdoor advertising and advertising on vehicles;

2.2.5. current Maintenance and repair of technical means for placing outdoor advertising (advertising structures, stickers, etc.), as well as direct advertising and information materials: troubleshooting, defects, pollution, providing illumination of advertising media at night and all other works and services related to the distribution of outdoor advertising and advertising on vehicles;

2.2.6. holding all types of advertising and PR events (campaigns, promotions) (lotteries, concerts, exhibitions, presentations, fairs, expositions, etc.), including the purchase and / or production and distribution of souvenir, printing, other presentation products;

2.2.7. provision of marketing (research of the advertising market, comparative analysis, forecasts and development prospects), information and consulting services on issues related to advertising;

2.2.8. implementation of other legal and other actions (performance of works, provision of services) in the field of advertising activities, in accordance with the legislation of the Russian Federation and this Agreement.

2.3. Under this Agreement, the Agency is granted general powers to conclude transactions and carry out other actions in the field of advertising (both on its own behalf, but at the expense of the Customer, and on behalf and at the expense of the Customer), if their execution (implementation) does not contradict the essence of this Agreement .

2.4. Each specific order of the Customer is drawn up in the form of a bilateral supplementary agreement to this Agreement, signed by both Parties. The additional agreement specifies the conditions for the Agency to fulfill a specific order of the Customer, the deadlines for completion, the cost and terms of payment, as well as other additional conditions.

2.5. Under a transaction made by the Agency with a third party on its own behalf and at the expense of the Customer, the Agency acquires rights and becomes obligated to the Agency, even if the Customer was named in the transaction or entered into direct relations with the third party to execute the transaction.

2.6. Under a transaction made by the Agency with a third party on behalf and at the expense of the Customer, the rights and obligations arise directly from the Customer.

2.7. The territory of execution of this Agreement is the territory of the Russian Federation.

2.8. This Agreement does not apply to political advertising, the placement of which under this Agreement is not allowed. If it is necessary to produce, distribute political advertising, the Parties draw up and sign a separate agreement. This Agreement does not apply to announcements individuals not related to their business activities.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Agency undertakes:

3.1.1. To carry out the Customer's instructions, for which purpose to perform, on its own behalf, but at the expense of the Customer, or on behalf and at the expense of the Customer, all types of transactions with third parties, to carry out other actions in the field of advertising, in accordance with this Agreement and additional agreements to it.

3.1.2. Carry out the specific assignment assumed on the most favorable terms for the Customer, in strict accordance with the instructions of the Customer.

3.1.3. As the specific order of the Customer is executed, provide the latter with a report on the completed order, in the manner and within the time limits stipulated by this Agreement.

3.1.4. In the process of fulfilling its obligations under this Agreement, comply with the requirements of the legislation of the Russian Federation on advertising.

3.2. The Agency has the right to deviate from the instructions of the Customer, if, under the circumstances of the case, it is necessary in the interests of the Customer, without prior request of the Customer. The Agency is obliged to notify the Customer of the allowed deviations within a reasonable time.

3.3. In order to fulfill this Agreement, the Agency has the right to conclude a subagency agreement (subagency agreements), while remaining responsible for the actions of the subagency (subagency) to the Customer.

3.4. The Agency has the right to demand, and the Customer in this case is obliged to provide documentary evidence of the authenticity of advertising information.

3.5. The customer undertakes:

3.5.1. Provide the Agency with reliable information and source materials necessary for the fulfillment of obligations under this Agreement.

3.5.2. Provide the Agency, if the placed advertising information relates to the type of activity, goods, works, services subject to licensing, a duly certified copy of the relevant license.

3.5.3. Issue to the Agency a power of attorney (powers of attorney) to perform legal actions (conclusion of contracts) provided for by this Agreement.

3.5.4. Accept from the Agency everything executed under the agreements concluded by the Agency with third parties in pursuance of this Agreement.

3.5.5. Reimburse the Agency for expenses (the cost of specific works, services) necessary for the execution of the Customer's instructions, in accordance with the terms of this Agreement.

3.5.6. Pay the Agency the remuneration due to it, in the manner and within the time limits stipulated by this Agreement and additional agreements thereto.

3.5.7. Review the Agency's report on the completed assignment in the manner and within the timeframe stipulated by this Agreement.

3.6. The Customer is not entitled to conclude similar agency agreements with other agencies operating in the territory specified in this Agreement, as well as to refrain from carrying out independent activities in this territory, similar to the activities that are the subject of this Agreement.

4. FINANCIAL RELATIONSHIPS OF THE PARTIES. AGENT'S COMMISSION

4.1. The amount of the Agency's remuneration is established for the execution of each specific assignment by agreement of the Parties and is determined in the relevant supplementary agreement to this Agreement.

4.2. The procedure and terms for payment of the Agency's remuneration are established in the relevant supplementary agreement to this Agreement.

4.3. The Customer reimburses the Agency for expenses (the cost of specific works, services) necessary to fulfill a specific order of the Customer. The amount of the Agency's expenses (the cost of works, services) is established in the relevant supplementary agreement to this Agreement.

4.4. Unless otherwise provided by the supplementary agreement, reimbursement of the Agency's expenses is carried out by the Customer on the terms of advance payment.

4.5. All settlements under this Agreement are carried out in a non-cash manner, by transferring by the Customer Money to the settlement account of the Agency, on the basis of the invoice issued by it.

4.6. The additional agreement may provide that the cost of works (services), the amount of the Agency's remuneration shall be payable in rubles in an amount equivalent to a certain amount in foreign currency or conventional monetary units. In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units established by the Central Bank of the Russian Federation on the payment date.

4.7. The obligations of the Customer to pay the Agency's remuneration, payment of the Agency's expenses are considered fulfilled from the moment the bank credits the funds to the Agency's settlement account.

4.8. In the event that the Agency has fulfilled the commission it has assumed on terms more favorable than those specified by the Customer and defined in the supplementary agreement to this Agreement, the benefit received shall be at the disposal of the Agency.

5. PROCEDURE FOR SUBMISSION AND APPROVAL OF THE AGENCY REPORT

5.1. As the specific order of the Customer, provided for by the supplementary agreement to this Agreement, is executed, the Agency shall submit to the Customer a report on the completed order. The Agency's report is drawn up in the form of an act of acceptance of services (works) under this Agreement. Copies of documents confirming the expenses incurred by the Agency may be attached to the report (act) of the Agency if the Customer requests the Agency in writing in advance. The Agency's report (act) is submitted in two copies.

5.2. The customer, within working hours from the moment of receipt, considers the report (act) submitted by the Agency, approves (signs) it and sends one copy of the report (act) to the Agency, or does not approve (does not sign) the report (act) submitted by the Agency and informs the Agency of its justified objections in writing.

5.3. If the Customer did not approve (sign) the report (act) of the Agency within working days from the date of submission and did not inform the Agency of his reasonable objections to the report (act) in writing, the report (act) is considered approved (signed) by the Customer.

5.4. A specific order of the Customer is considered to be executed by the Agency from the moment of approval (signing) of the report (act) on the executed order by both Parties.

6. RESPONSIBILITIES OF THE PARTIES

6.1. For non-fulfillment and (or) improper fulfillment of their obligations under this Agreement, the Parties shall be liable under the laws of the Russian Federation and this Agreement.

6.2. In case of violation of the deadline for the execution of the Customer's order, established in the relevant supplementary agreement to this Agreement, the Agency pays the Customer a penalty in the amount of % of the cost of work (services) specified in the relevant supplementary agreement, for each day of delay, but not more than %.

6.3. The Agency is liable for violation of the requirements of the legislation of the Russian Federation on copyright and related rights only in the case when the Agency, on behalf of the Customer, organizes the production of advertising and information materials and (or) their placement in the media (including television and radio broadcasts) . In the event that third parties present claims relating to copyright and related rights, the Agency bears all costs associated with the consideration of these claims and their satisfaction.

6.4. The Agency is not responsible:

6.4.1. for errors made by the Customer in the information provided;

6.4.3. for violation of the requirements of the legislation of the Russian Federation on advertising, on the mass media, if the instructions of the Customer do not meet such requirements, of which the Agency notified the Customer in writing in accordance with clause 7.2 of this Agreement.

7. ADDITIONAL TERMS

7.1. If advertising and information material is provided for placement by the Customer, then the Customer guarantees that the requirements of the legislation of the Russian Federation on advertising, copyright and related rights, as well as any other rights of third parties are observed when creating this advertising and information material, and bears the risk of all adverse (in including financial) consequences associated with non-compliance with the requirements of the legislation of the Russian Federation on copyright and related rights.

7.2. If the Customer has submitted advertising material, the content, form and (or) other details of which, in the opinion of the Agency, does not comply with the requirements of the current legislation of the Russian Federation, the requirements of the relevant media and (or) violates the rights and legitimate interests of third parties, the Agency notifies the Customer in writing before starting a specific task. In this case, the Customer has the right to bring the advertising material in line with the requirements of the legislation of the Russian Federation and (or) the relevant media, or replace the advertising material and postpone the completion of a specific assignment (work, service), having agreed such a period in advance with the Agency. ABOUT decision The customer informs the Agency within days of receipt of the notification provided for in this paragraph. At the same time, the funds transferred by the Customer for the placement of such advertising material, and the Agency's remuneration, are non-refundable.

7.3. If the Customer has submitted advertising material on a low-quality medium or with technical recording errors, the Agency is obliged to inform the Customer about this before starting the execution of a specific assignment. In this case, the Customer is obliged, within days from the date of receipt of the message from the Agency, to replace the low-quality medium or recording with technical errors, otherwise, such advertising material is removed from placement by the Agency.

7.4. Property received by the Agency from the Customer or acquired (manufactured) by the Agency at the expense of the Customer shall be the property of the latter.

7.5. In the event of a prohibition or restriction of advertising of goods (works, services) of the customer and (or) the Customer by state and municipal authorities and the impossibility, due to such a ban or restriction, of placing advertising materials provided by the Customer, the latter pays for the services actually rendered by the Agency (work performed) and pays the Agency remuneration in full.

7.6. In the event of the entry into force of legislative acts that establish rules for placing (distributing) advertising that are different from those existing at the time of signing this Agreement, the Parties shall agree on advertising placement schemes that meet the requirements of the new regulatory legal act. The organization of additional placement of advertising materials is carried out by the Agency and, if necessary, is additionally paid by the Customer in the amount agreed by the Parties.

8. FORCE MAJEURE (force majeure)

8.1. The Party is released from liability for full or partial failure to fulfill its obligations under this Agreement in the event that such failure was the result of force majeure, that is, extraordinary and unavoidable circumstances under the given conditions beyond the control of the Parties (force majeure) subject to notification of the other Party within three working days of the occurrence of such circumstances.

9. DISPUTES RESOLUTION

9.1. All disputes that may arise from this Agreement shall be resolved by the Parties through negotiations.

9.2. If no agreement is reached, the dispute is referred to the Arbitration Court of the city.

10. PRIVACY

10.1. The terms of this Agreement, additional agreements to it and all information about economic activity one of the Parties, which became known to the other Party in the process of execution of this Agreement, is confidential.

10.2. A Party is not entitled to disclose (communicate, transfer, use in any other form or method) confidential information without the prior written consent of the other Party, except as otherwise provided by law.

10.3. Disclosure or use of confidential information is a material breach of the contract and the affected Party has the right to terminate the contract unilaterally.

10.4. The Party that disclosed or used confidential information is obliged to compensate for the losses incurred, including the losses caused to the affected Party by termination of the Agreement.

11. TERM OF THE CONTRACT

11.1. This Agreement shall enter into force from the date of its signing by both Parties and shall be valid until "" a year.

11.2. This Agreement may be terminated early:

11.2.1. by agreement of the Parties;

11.2.2. the initiative of one of the Parties in case of violation by the other Party of its obligations under this Agreement;

11.2.3. in other cases stipulated by the legislation of the Russian Federation.

12. FINAL PROVISIONS

12.1. In everything that is not provided for by this Agreement, the Parties are guided by the legislation of the Russian Federation.

12.2. Prices for services provided under this Agreement cannot serve as a precedent for pricing when drawing up any other agreements in the future.

12.3. This Agreement is made in duplicate, one copy for each of the Parties, and both copies have the same legal force.

12.4. Any additions and annexes to this Agreement must be made in writing and signed by authorized representatives of the Parties.

12.5. All additions, changes and annexes to this Agreement are its integral part.

12.6. All negotiations and correspondence regarding this Agreement that took place prior to its signing is invalid.

13. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Legal address:
Mailing address:
Phone fax:
TIN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

Agency

Legal address:
Mailing address:
Phone fax:
TIN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

providing all kinds advertising services in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Agency”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. TERMS AND DEFINITIONS

1.1. For the purposes of this Agreement, the following terms and definitions are used:

1.1.1. Mass media (media)- a periodical printed publication, radio, television, video program, newsreel program, another form of periodic distribution of mass information.

1.1.3. Advertising- information disseminated in any form, by any means about an individual or legal entity, goods, ideas and undertakings (advertising information), which is intended for an indefinite circle of persons and is designed to form or maintain interest in these individuals, legal entities, goods, ideas and initiatives and promote the realization of goods, ideas and initiatives.

1.1.7. Advertiser– a legal or natural person placing and / or distributing advertising information by providing and / or using property, incl. technical means and equipment of radio and television broadcasting, as well as communication channels, airtime and other means.

2. SUBJECT OF THE CONTRACT

2.1. The Agency under this Agreement is an authorized advertising Agency. The Agency assumes obligations to carry out all types of advertising and PR activities, including the placement of advertising and information materials of the Customer and / or the Customer provided by the Customer in the media, conducting marketing and PR campaigns (actions in the field of public relations) of the customer and/or the Customer on the territory of the Russian Federation.

2.2.1. production of advertising and information materials (posters, posters, brochures, albums, catalogs, brochures, advertising letters, etc.), technical means of stable territorial placement (advertising structures, stickers, banners, scoreboards, etc.); if necessary, development of design and estimate documentation;

2.2.2. development and production of sketches for labels, samples, original and branded packages, packaging, purchase and / or production of promotional souvenirs, etc.;

2.2.3. registration of permits in local governments, other authorized bodies and organizations for the distribution of advertising, including outdoor advertising and advertising on vehicles;

2.2.5. ongoing maintenance and repair of technical means of outdoor advertising (advertising structures, stickers, etc.), as well as direct advertising and information materials: troubleshooting, defects, pollution, providing illumination of advertising media at night and all other works and services related with the distribution of outdoor advertising and advertising on vehicles;

2.2.7. provision of marketing (research of the advertising market, comparative analysis, forecasts and development prospects), information and consulting services on issues related to advertising activities;

2.6. Under a transaction made by the Agency with a third party on behalf and at the expense of the Customer, the rights and obligations arise directly from the Customer.

2.7. The territory of execution of this Agreement is the territory of the Russian Federation.

2.8. This Agreement does not apply to political advertising, the placement of which under this Agreement is not allowed. If it is necessary to produce, distribute political advertising, the Parties draw up and sign a separate agreement. This Agreement does not apply to announcements of individuals not related to their entrepreneurial activities.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Agency undertakes:

3.1.2. Carry out the specific assignment assumed on the most favorable terms for the Customer, in strict accordance with the instructions of the Customer.

3.1.3. As the specific order of the Customer is executed, provide the latter with a report on the completed order, in the manner and within the time limits stipulated by this Agreement.

3.1.4. In the process of fulfilling its obligations under this Agreement, comply with the requirements of the legislation of the Russian Federation on advertising.

3.4. The Agency has the right to demand, and the Customer in this case is obliged to provide documentary evidence of the authenticity of advertising information.

3.5. The customer undertakes:

3.5.1. Provide the Agency with reliable information and source materials necessary for the fulfillment of obligations under this Agreement.

3.5.2. Provide the Agency, if the placed advertising information relates to the type of activity, goods, works, services subject to licensing, a duly certified copy of the relevant license.

3.5.3. Issue to the Agency a power of attorney (powers of attorney) to perform legal actions (conclusion of contracts) provided for by this Agreement.

3.5.4. Accept from the Agency everything executed under the agreements concluded by the Agency with third parties in pursuance of this Agreement.

3.5.5. Reimburse the Agency for expenses (the cost of specific works, services) necessary for the execution of the Customer's instructions, in accordance with the terms of this Agreement.

3.5.6. Pay the Agency the remuneration due to it, in the manner and within the time limits stipulated by this Agreement and additional agreements thereto.

3.5.7. Review the Agency's report on the completed assignment in the manner and within the timeframe stipulated by this Agreement.

4. FINANCIAL RELATIONSHIPS OF THE PARTIES. AGENT'S COMMISSION

4.2. The procedure and terms for payment of the Agency's remuneration are established in the relevant supplementary agreement to this Agreement.

4.4. Unless otherwise provided by the supplementary agreement, reimbursement of the Agency's expenses is carried out by the Customer on the terms of advance payment.

4.5. All settlements under this Agreement are carried out in a non-cash manner, by transferring funds by the Customer to the settlement account of the Agency, on the basis of the invoice issued by him.

5. PROCEDURE FOR SUBMISSION AND APPROVAL OF THE AGENCY REPORT

5.4. A specific order of the Customer is considered to be executed by the Agency from the moment of approval (signing) of the report (act) on the executed order by both Parties.

6. RESPONSIBILITIES OF THE PARTIES

6.1. For non-fulfillment and (or) improper fulfillment of their obligations under this Agreement, the Parties shall be liable under the laws of the Russian Federation and this Agreement.

6.4. The Agency is not responsible:

6.4.1. for errors made by the Customer in the information provided;

7. ADDITIONAL TERMS

7.2. If the Customer has submitted advertising material, the content, form and (or) other details of which, in the opinion of the Agency, does not comply with the requirements of the current legislation of the Russian Federation, the requirements of the relevant media and (or) violates the rights and legitimate interests of third parties, the Agency notifies the Customer in writing before starting a specific task. In this case, the Customer has the right to bring the advertising material in line with the requirements of the legislation of the Russian Federation and (or) the relevant media, or replace the advertising material and postpone the completion of a specific assignment (work, service), having agreed such a period in advance with the Agency. The Customer informs the Agency about the decision taken within days from the receipt of the notification provided for in this paragraph. At the same time, the funds transferred by the Customer for the placement of such advertising material, and the Agency's remuneration, are non-refundable.

7.4. Property received by the Agency from the Customer or acquired (manufactured) by the Agency at the expense of the Customer shall be the property of the latter.

8. FORCE MAJEURE (force majeure)

9. DISPUTES RESOLUTION

9.1. All disputes that may arise from this Agreement shall be resolved by the Parties through negotiations.

9.2. If no agreement is reached, the dispute is referred to the Arbitration Court.

10. PRIVACY

10.1. The terms of this Agreement, additional agreements to it and all information about the economic activities of one of the Parties, which became known to the other Party in the process of executing this Agreement, is confidential.

10.3. Disclosure or use of confidential information is a material breach of the contract and the affected Party has the right to terminate the contract unilaterally.

10.4. The Party that disclosed or used confidential information is obliged to compensate for the losses incurred, including the losses caused to the affected Party by termination of the Agreement.

11. TERM OF THE CONTRACT

11.1. This Agreement shall enter into force from the date of its signing by both Parties and shall be valid until ""2020.

11.2. This Agreement may be terminated early:

11.2.1. by agreement of the Parties;

11.2.2. the initiative of one of the Parties in case of violation by the other Party of its obligations under this Agreement;

11.2.3. in other cases stipulated by the legislation of the Russian Federation.

12. FINAL PROVISIONS

12.1. In everything that is not provided for by this Agreement, the Parties are guided by the legislation of the Russian Federation.

12.2. Prices for services provided under this Agreement cannot serve as a precedent for pricing when drawing up any other agreements in the future.

12.3. This Agreement is made in duplicate, one copy for each of the Parties, and both copies have the same legal force.

12.4. Any additions and annexes to this Agreement must be made in writing and signed by authorized representatives of the Parties.

12.5. All additions, changes and annexes to this Agreement are its integral part.

An advertising services agreement is an agreement between the contractor and the customer, which refers to the provision of these services for a pre-agreed fee. It concludes in accordance with Civil Code Russian Federation and is included in the number of contracts for the provision of services for compensation.

An advertising services agreement is an agreement by virtue of which the advertising distributor will, on the instructions of the advertiser, distribute advertising information within a certain territory and within a specified period, and the advertiser must pay for these actions.

This is regulated by the Federal Law of July 18, 1995 No. 108 FZ "On Advertising", the norms of Ch. 39 of the Civil Code "Paid Services" and Art. 420-449 GK ( general provisions about the contract).

Several persons can participate in the contract both from the side of the advertiser and from the side of the advertiser. In relation to the obligations they have assumed, they act as solidary debtors.

The essential condition of the contract is its subject matter. They are intangible services (not the results of activities, but the actions themselves) and the term.

The contract is concluded in a simple written form.

The general rule provided for in Art. 780 of the Civil Code, there will be an obligation to personally fulfill the obligation to provide advertising services, unless otherwise provided by the contract. However, in fact, there is no personal trust relationship in this case.

Subject of the contract

The subject is the production and distribution of advertising of any object. The federal law "On Advertising" states that information that is distributed by any means, means and forms is advertising. It is aimed at a particular object in order to interest the consumer and promote market promotion. The object can be: the manufacturer / seller of the goods and the goods themselves; product of the intellectual sphere; event, etc.

Parties

The parties in the contract for the provision of advertising services are the advertiser (or customer), that is, the person who determines the object in need of advertising and the content of the latter, as well as the advertising producer (distributor, performer). The functions of the latter can be performed by one or several persons. During the preparation of the contract, the price and method of calculation, the terms for the provision of advertising services, the rights and obligations of the parties are discussed.

The following must be attached to the contract: payment schedule, task, copies of licenses, certificates and permits of the customer for the advertised object, task. The contract must be drawn up in duplicate and signed by representatives of both parties.

The quality of advertising services depends on how the contract is drawn up correctly.

Functions of the advertising market

Thanks to the advertising market, there is a creation and regulation on an economic basis of the relationship of market entities. They are coordinated through a price formation mechanism that maintains a balance between consumer and producer, supply and demand. As a regulator of the economy, the advertising market performs the following functions:

contributes to the unification of advertising producers and advertisers on economic grounds, which, in turn, are based on meeting the needs for advertising services, expressed through demand;
contributes to the elimination of disproportions between supply and demand for advertising services, brings them into a state of conformity with market needs;
helps to create conditions for the functioning advertising business and identifies leaders, stimulates their effective work;
notifies market participants through economic indicators about all ongoing processes in the economy;
eliminates the lack of advertising services and allows you to expand the opportunities of subjects engaged in entrepreneurial activities.

With the development of society and its relations, the functions of the advertising market also do not stand still and tend to become more complex.

Advertising agencies

The Advertising Agency is an independent organization of business and creative people, whose specialization is the creation of advertising and other materials related to it. In addition, the agency may engage or acquire subcontractors to purchase advertising space and timing in certain media. In this case, the interests of sellers and advertisers who are clients of this organization are represented in order to find a real buyer for the services and goods they provide.

Who works in agencies?

The agency employs not only representatives creative professions, but also businessmen who use the wide possibilities of advertising art to solve their business issues. These include artists, writers, market and media analysts, multidisciplinary professionals, and researchers who use their skills and talents to help clients succeed in their businesses. They are in constant contact with vendors outside of the agency who take photos, retouch them, illustrate advertisements, typeset, shoot promotional videos, record soundtracks, that is, they perform all the types of work that are necessary to create products. High Quality. They are always aware of the latest technical developments, current production issues and price fluctuations.

Who is collaborating with?

The advertising agency collaborates with a variety of sellers to improve the efficiency of finding buyers and providing or services and products. They work directly for the client, not for the supplier of goods or the media. The obligation of an advertising agency from an ethical, moral and financial, and sometimes even legal point of view, is to provide clients with the highest quality work, to promote their prosperity, material well-being, and growth in popularity. An advertiser is not just a customer paying bills, but also an employer. The agency satisfies, in turn, its requests, is hired only for the sake of making a profit for the enterprise, and such services can always be refused. The cost of advertising services is quite tangible.

Types of RA

global - speaking at the international level, in different regions and countries;
national - advertising producers within a particular country;
regional - operating within a particular city or region. They can conclude an agreement for the provision of advertising and information services.

between advertisers and advertising agencies different type the principle of infrastructure compliance applies, which means that advertising services are delivered within the same type (for example, global agencies fulfill orders from global advertisers, etc.).

full-service, that is, providing all services;
specialized, providing certain types services;
An intermediate position between the previous types is occupied by multidisciplinary agencies that provide certain services in a complex.

media agencies

A special position in the advertising market belongs to media agencies that rent networks of advertising carriers, plan and place advertisements in all types of media. Intra-company ("home") agencies that operate under the terms of an exclusive agreement with a company or are part of it (as a rule, advertising budgets are large here) also stand apart. A typical contract for the provision of advertising services will be presented below:

According to the purpose and function performed: advertising markets for political, social, commercial, etc.
By industry: markets for television and radio advertising, outdoor, in the press and the Internet.
According to the development trend: high- and low-dynamic, as well as with a shortening period.
By prospects: unpromising, unpromising, promising and highly promising.
By competition: markets of pure monopoly and oligopolistic, monopolistic competition, perfect competition.
According to the level of monopolization: non-monopolized, monopolized and absolutely monopolized markets.

the volume of services provided (universal or specialized);
direction of business specialization (industrial or consumer sphere).

Both groups contain several subgroups. Universal agencies are staffed in such a way that they are able to provide their clients with services in all areas of advertising and information activities. Basically, they are divided into two varieties - advertising and non-advertising. The first includes the preparation, development and direct production of the advertising product, as well as the selection of media and the necessary research.

Sample contract for the provision of advertising services free download

CONTRACT

provision of advertising services

Moscow "__" _________ 20

Romashka LLC, hereinafter referred to as "Executor", represented by General Director Ivanov I.I., acting on the basis of the Charter, on the one hand, and OOO "Petrushka", hereinafter referred to as "Customer", in the face CEO Petrov P.P., acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The contractor is obliged:

2.1.1. Provide the Customer with the manufacture and / or placement of RIM in the amount and on the terms determined in the Annexes to this Agreement;

2.1.2. In the case of providing services for the manufacture of RIM, submit for the Customer's approval a scenario plan and / or a sample of RIM to be distributed before distribution begins;

2.1.3. In the case of the provision of services for the placement of RIM, compensate the Customer for the missed number of broadcasts (publications), if the non-placement of the RIM of the Customer was due to the fault of the Contractor, providing placement in the amount of missed broadcasts (publications), according to the schedule again agreed by the Parties;

2.1.4. At the request of the Customer, provide information on the progress of the provision of services;

2.1.5. Provide the Customer, guided by federal law dated 06.12.2011 No. 402-ФЗ “On Accounting” an extract from the accounting policy approving the form of the primary accounting document used by the Contractor, reflecting the sale (release) of inventory items to third parties, and the very form of the above document on paper.

2.1.6. At the end of the provision of services, the Contractor sends the Customer an act of services rendered for each Annex to this Agreement.

2.2. The performer has the right:

2.2.2. In agreement with the Customer, change the timing of RIM placement and edit the Customer's information;

2.2.3. Suspend the provision of services under the Agreement as a whole or in its separate part, in the event that the Customer fails to fulfill the obligations provided for in sections 2.3 and 3 of this Agreement, as well as the Annexes to this Agreement;

2.2.4. Require additional documentary confirmation of the accuracy of the information provided by the Customer;

2.2.5. Engage third parties to fulfill its obligations under this Agreement, which does not release the Contractor from responsibility for the quality of the services provided.

2.3. The customer is obliged:

2.3.1. The Customer sends the Task to email Contractor.

2.3.3. In the case of the provision of services for the manufacture of RIM, approve, within three working days, a detailed scenario plan or layout from the moment it is provided;

2.3.6. The Customer is obliged to sign an act of services rendered or send a letter of claim within 3 working days from the date of receipt of the act by the Customer.

2.3.7. Make all payments under this Agreement and Annexes to the Agreement in full and on time.

2.4. The customer has the right:

2.4.1. Timely receive the services of the Contractor in the manner and on the terms of this Agreement;

2.4.2. Change the RIM placement schedule in agreement with the Contractor and subject to written notification of the Customer about this no later than two weeks before the date of change.

3. PROCEDURE OF PAYMENTS AND ACCEPTANCE OF SERVICES

3.1. The cost of the Contractor's services for the placement and / or production of RIM is determined in the Annexes to this Agreement, which are its integral part, and amounts to ________ (_____________) rubles 00 kopecks.

3.2. The cost of the Contractor's services is not subject to VAT on the basis of clause 2 of Article 346.11 of the Tax Code of the Russian Federation (Notice on the possibility of applying a simplified taxation system dated ___________).

3.3. Unless otherwise provided by the Annexes to this Agreement, the Customer makes one hundred percent advance payment services of the Contractor, on the basis of the invoice within five working days from the date of the invoice. The date of payment is the date of receipt of funds to the bank account of the Contractor.

3.4. Changes made by the Customer to the agreed scenario plan (layout) associated with additional filming or editing are agreed in writing and paid additionally.

3.5. Within five working days from the date of provision of services under this Agreement, the Contractor sends to the Customer two copies of the certificate of services rendered. The Customer, within three working days from the date of receipt of the acts, sends to the Contractor one copy of the act signed from its Party or sends a reasoned written refusal from signing it.

The release of inventory items is carried out on the basis of properly executed documents: an invoice or other primary accounting document, the form of which is approved by the Supplier's accounting policy, containing all the mandatory details provided for by federal law No. sale (vacation) of inventory items to third parties.

3.6. If, after the expiration of the period specified in clause 3.5, the Contractor does not receive a signed act from the Customer or a reasoned refusal to sign it, the Parties acknowledge that the act is considered signed and the services specified in the act are accepted by the Contractor in full.

4. RESPONSIBILITIES OF THE PARTIES

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

4.5. If the Customer violates the terms of payment, the Contractor has the right to suspend the provision of services established by this Agreement until full payment for the services is made.

4.6. For violation of the terms of payment for services, the Contractor has the right to require the Customer to pay a penalty in the amount of 0.05% of the amount payable for each day of delay.

4.7. For violation of the terms for the provision of services, the Customer has the right to require the Contractor to pay a penalty in the amount of 0.05% of the cost of overdue services for each day of delay.

5. TERM OF THE CONTRACT

5.1. This Agreement comes into force from the moment of its signing and is valid until ____________.

5.2. The Agreement may be terminated by agreement of the Parties. At the same time, the termination of the Agreement does not relieve the Customer's obligations to make full payment for the services provided by the Contractor.

6. FINAL PROVISIONS

6.1. All additions and changes to this Agreement must be made in writing and are valid from the moment they are signed by both Parties.

6.2. Additions and annexes to this Agreement, signed and transmitted by facsimile, have the force of the original until they are exchanged for copies, sealed with original signatures and seals.

6.3. Claims related to the shortcomings of the Contractor's services may be presented by the Customer, provided that they are discovered within one week from the date of distribution of the RIM.

6.4. The Customer has the right to refuse to execute the Agreement, subject to payment to the Contractor of the expenses actually incurred by him.

6.5. The Contractor has the right to refuse to perform the Agreement on the grounds provided for by the current legislation of the Russian Federation.

6.5. The Party that decides to terminate this Agreement must send a written notice of its intention to terminate this Agreement to the other Party no later than 30 days before the expected date of termination of this Agreement.

6.6. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if the failure was the result of force majeure circumstances that arose after the conclusion of the Agreement. Under such circumstances are understood, but they are not limited to: flood, fire, earthquake and other natural disasters and phenomena of a natural nature; declared or actual war, armed rebellion, acts of terrorism or hostilities of any nature and their consequences; industry strike, embargo, riots, blockades, issuance of regulations by the authorities, which resulted in the impossibility of proper performance by the Parties of their obligations.