Terms

Scope

These General Terms and Conditions (GTC) apply to advertisers and agencies who book campaigns on the screen network through Quartiero's advertiser portal. Deviating terms of the advertiser apply only where Quartiero agrees to them in writing. The advertiser portal is aimed at business customers, not at consumers.

Definitions

• Advertiser portal: the web interface at regiowerber.ch through which the advertiser manages campaigns and content.
• Screen network: the touch-enabled screens in the stairwells on which advertising is played out.
• Campaign: the advertising booked by the advertiser, together with its content, schedule and targeting.
• Targeting: aiming a campaign via tags at specific neighbourhoods, cities or device groups.

Quartiero's services

Quartiero operates the screen network and the advertiser portal and provides the advertiser with advertising space to the agreed extent. Through the portal, the advertiser creates advertising content, targets the campaign via tags and sets the period. Quartiero plays out the approved campaign on the assigned devices.

Which inventory is available and to what extent a campaign is played out depends on the network at the time of booking as well as on the individual contract or quote. Quartiero develops the portal on an ongoing basis and may adjust, extend or replace individual features, as long as the agreed scope of services is preserved at its core.

Account and advertiser obligations

To use the advertiser portal, the advertiser creates an account. They keep their credentials secret, do not pass them to unauthorised persons and report any suspicion of misuse to Quartiero without delay. The advertiser ensures that only authorised persons of their business access the account and keeps the stored details up to date.

Advertising content and responsibility

The advertiser remains responsible for the advertising content they submit. They ensure that they hold the necessary rights, in particular copyright, trademark and personality rights, and that the content violates neither the law nor the rights of third parties. Where advertising content contains personal data, Quartiero processes it on behalf of the advertiser. The data processing agreement applies to this.

Booking and approval

Every booked campaign is reviewed by Quartiero as the operator and runs only after approval. Quartiero reviews a submitted campaign as a rule within two to three working days. There is no entitlement to approval. Quartiero may refuse approval or stop a running campaign if it violates these terms, the law or the interests of the buildings. No particular reach or advertising success is guaranteed. Reach and click measurement is anonymous, as described in the privacy policy.

Prohibited advertising content

Certain campaigns are excluded. This applies in particular to advertising with unlawful, misleading or unfair content within the meaning of the UWG, to political and religious advertising, to pornographic or youth-endangering content, to advertising for tobacco products, addictive substances and gambling, and to inadmissible health claims. Also excluded are discriminatory, violence-glorifying or hateful content, advertising that infringes the rights of third parties, and advertising that harms the reputation of the buildings or their residents. For further products subject to statutory advertising restrictions, the respective rules apply. Quartiero may reject or stop a campaign that violates this; responsibility for the admissibility of the submitted content remains with the advertiser.

Prices and payment

Prices and the billing cycle follow from the individual contract or quote. Billing is based on the agreed model, for example by term or by the anonymously measured reach and clicks. Unless agreed otherwise, invoices are payable within 30 days of the invoice date without deduction. In the event of late payment, Quartiero may suspend play-out after a prior reminder; the obligation to pay amounts already due remains unaffected. All prices are exclusive of statutory value added tax, where applicable.

Payment method

For payment, the advertiser chooses between payment by invoice and a stored payment method (card or TWINT via the payment service provider wallee). Payment by invoice requires that the advertiser has entered their billing details completely in the advertiser portal. With a stored payment method, the invoice amount is charged automatically via the payment service provider when the invoice is issued; the invoice is additionally delivered to the advertiser.

The advertiser may withdraw the choice of payment method at any time; the stored payment details are then deleted. Invoices already issued remain payable. Until a new choice is made, the service is suspended, and campaigns are not played out during this time. The rules on payment terms, default and suspension of play-out in the section Prices and payment remain unchanged.

Term and termination

The term of a booking, termination and cancellation follow from the individual contract or quote. The right to extraordinary termination for good cause remains reserved for both parties.

Availability and liability

Quartiero operates the network and the portal with appropriate care and strives for high availability. No uninterrupted availability is guaranteed for interruptions due to maintenance, disruptions at upstream providers or failures of the internet connection at a location. If a single device fails temporarily, the claim is reduced only to the extent of the play-out that was missed. If a booked campaign is not played out, or only partially, for technical reasons, Quartiero makes up the missing play-out; where making it up within the agreed scope is not possible, the portion not played out is credited on a pro rata basis. The basis for the calculation is the anonymous reach and click measurement.

Quartiero is liable for damages only in the case of intent or gross negligence. Liability for slight negligence is excluded within the legally permissible scope, as is liability for indirect damage, consequential damage, data loss and lost profit. Mandatory statutory liability remains reserved.

Intellectual property

The advertiser portal, the software and the Quartiero brand are owned by Quartiero or its licensors. For the duration of the contract, the advertiser receives a simple, non-transferable right to use them to the agreed extent. The advertiser retains their rights in the advertising content they submit and grants Quartiero only the use needed for play-out.

Force majeure

Events beyond Quartiero's control that make performance impossible or considerably more difficult, such as natural events, power outages, disruptions of networks or upstream providers, official measures or labour disputes, release Quartiero from its obligation to perform for their duration.

Changes to these terms

Quartiero may amend these terms when its services, operation or the legal requirements change. The advertiser is informed of significant changes in advance. If they do not object within the notified period and continue to use the services, the amended terms are deemed accepted.

Data protection

How Quartiero processes personal data is set out in the privacy policy. The data processing agreement applies to processing on behalf of the advertiser.

Applicable law and place of jurisdiction

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of Quartiero GmbH.