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

An advertising services agreement is an agreement by virtue of which the advertising distributor will without fail to distribute according to the advertiser's instructions advertising information within a certain territory and within a specified period, and the advertiser must pay for these actions.

It is regulated federal law dated 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, the creation and regulation of economic basis relationships between market participants. 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

Advertising agency is independent organization 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 in order to purchase advertising space and time for its placement in various media. mass 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 of creative professions, but also businessmen who use ample opportunities advertising art to solve their business matters. 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, growing 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 types, the principle of infrastructure compliance operates, 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. Intracompany (“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). 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.

1. the volume of services provided (universal or specialized);
2. 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.

It brings the information into a form that is suitable for distribution in the form of advertising.

Preparation of contract

Depending on the specifics of a particular contract, when drawing up the contract, the parties may add various parts, but overall plan suggests the presence of the following items:

Subject

As mentioned earlier, all the rights and obligations of the parties to the contract are directed to the subject.

"Big Economic Dictionary» speaks of the subject of the contract as an action or their complex, which determines the nature or type of the terms of the transaction.

The subject itself should be briefly identified in the title of the document.

It can be sale, rent, purchase and so on.

In our case - This is a contract for the provision of advertising information services.

In some cases, it is advisable to write the subject using Civil Code.

It is enough to find a dedicated certain treaty chapter, and from there select necessary information.

Reasons for termination

The contract can be terminated for various reasons, they depend on the specifics and scope of the contract.

Here are the main reasons:

1. Mutual agreement of the parties. If both parties no longer wish to cooperate, they may, after signing the agreement, terminate their obligations.
2. The court's decision. In this case, termination is possible at the request of only one of the parties, but this requires a good reason - as a rule, this gross violation the other side. Termination on this occasion will require evidence of the violation and the damage that the party that applied to the court suffered as a result of this.

Please note that the customer is entitled to refuse to perform the contract only if he pays the contractor all expenses incurred but the contractor in case of refusal is obliged to compensate the customer for all losses.

We talked in more detail about the procedure for terminating the service agreement, and you will learn how to correctly draw up a notice of termination of cooperation.

However, there are some nuances here, which are determined features of the advertising business.

In any transaction, all scenarios should be taken into account in order to avoid the emergence of negativity between the parties.

That's why, if you correctly define the rights and obligations contractor and customer, you can not worry about possible termination and just do your job.

Didn't find an answer to your question? Find out, how to solve your problem - call right now:

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

1. THE SUBJECT OF THE AGREEMENT

2. DUTIES OF THE ADVERTISER

2.1. Submits for approval to the Advertiser within a day from the date of signing the contract a detailed program of work on advertising products, indicating the quantity and quality of the advertised products. The program after its approval is an integral part of this agreement.

2.2. On its own and from its own materials, it produces (and carries out all the operations preceding production: layout, preparation of sketches, drafting texts, etc.) posters, brochures, brochures, stands, slides, films, video cassettes, magnetic recordings, badges, announcements (necessary underline) that advertise the Advertiser's products.

2.5. Places (publishes announcements, hangs posters, sends brochures, etc.) in agreement with the Advertiser. If the placement is undertaken by the Advertiser, then paragraph 2.5 must be crossed out.

3. RESPONSIBILITIES OF THE ADVERTISER

3.3. Represents the information necessary for the production of advertising (technical data of products, description of services, etc.).

4. PROCEDURE OF PAYMENT FOR THE WORK OF THE ADVERTISER

4.2. Participation of the Advertiser in the profits from the sale of the advertised products is carried out in the manner and on the terms determined by the attached agreement, which, if it is concluded, is an integral part of this agreement.

4.3. Calculations for the work performed are made by the Advertiser by transfer to the current (settlement) account of the Advertiser.

5. TERMS OF THE CONTRACT

5.1. This agreement is concluded for a period of up to "" a year. Agreed milestones:

5.1.1. Submission for approval of the program up to "" year.

5.1.2. Making samples up to "" year.

5.1.3. Start of replication before "" year.

5.1.4. End of replication before "" year.

5.2. The Agreement may be terminated at the request of the Advertiser ahead of schedule in the following cases:

5.2.1. Unsatisfactory content of artistic, aesthetic, etc. advertising quality. The right to assess the quality of advertising belongs only to the Advertiser, who, in the event early termination agreement on the named basis will not use the advertising rejected by it.

5.2.2. In cases of violation of intermediate deadlines, if such violation jeopardizes the deadline for the performance of the contract.

6. RESPONSIBILITIES OF THE PARTIES

6.1. For non-performance or improper performance of obligations under this agreement, the Advertiser and Advertiser are liable in accordance with applicable law.

6.2. In case of early termination of the agreement on the grounds specified in clause 5.2 of this agreement, the costs incurred by the Advertiser are not subject to reimbursement.

When placing advertisements, the parties must comply with the requirements of the current legislation related to the distribution of marketing materials. Consideration should be given not only to legal regulations governing the location of advertisements, but also to detailed content requirements.

Legislative regulation

The legislative acts that regulate the contract for the provision of advertising services include the Civil Code of the Russian Federation, as well as Federal Law No. 38-FZ “On Advertising”. In particular, political advertising is regulated by No. 95-FZ "On Political Parties" and No. 82-FZ "On Public Associations".

Essential terms and parties to the contract

The essential terms of this agreement include, first of all, its subject matter. This is directly the provision of advertising services (see the next chapter of the article for their definition).

Also to essential conditions refers to the cost of providing such services, which includes their total price, amount of individual payments, the frequency of their introduction.

In addition, they include terms, it is required to specify the date when the provision of services is terminated.

The definition of the parties to a contract also applies to its significant conditions of this agreement.

It is between the customer, who pays for the provision of advertising services and uses their result in the form of increasing the popularity of the company or product itself, and the performer, who has proper qualifications and for a fee is engaged in advertising promotion a certain object relating to the customer, including that company itself, its product, or trademark.

What is considered an advertising service

Advertising services cover the activity consisting in the development of objects containing information that should generate or maintain interest on the part of unlimited circle of persons in a relationship individual or company, product (product, service or work), trademark, as well as the placement of such objects and their distribution.

Sample contract

The document starts with titles, next to which there is a number icon and then the document number is placed.

Below is a line that says locality where the contract was drawn up and the date it happened.

After that, a paragraph is placed in the document, which indicates the parties to the agreement;

• first comes information about the customer, including the name of this enterprise, the designation of its organizational and legal form;
• also stipulates in the person of which of its employees the customer is acting(his last name, first name and patronymic, as well as position, if any, are indicated) and on the basis of what document (internal normative act or power of attorney) he received this right;
• also for this person it is stipulated that in the future in the document it will be referred to as Customer.

Exactly the same information is given about performer, and it is also written for him that below he will be called exactly the Performer.

It is also indicated that together the Customer and the Contractor are hereinafter referred to as the Parties, and these Parties have reached this agreement on the following.

After that, the actual text of the agreement.

His first article is titled subject of the contract. It determines that the Customer gives an order, and the Contractor, for its part, undertakes to produce materials of an advertising and informational or simply advertising nature, as well as place them in the required places.

The definition of advertising materials, as well as advertising and informational nature, is also given here.

So, for the Customer, a number of obligations are defined related to the advertising produced and placed for him. First of all, he needs to send an order to the contractor for a certain period of time before the materials of an advertising or informational nature will be placed. He also needs to approve the original layout of the promotional material for a specified period before it is released.

If the need arises change dates placement of materials, then the Customer must also notify the Contractor about it ahead of time for a specified period.

In such a situation, following this notice, the counterparties to this transaction draw up and sign supplementary agreement , which stipulates new terms of placement or its volume.

In addition, the customer pays for the actions of the Contractor. The customer is also obliged not to provide the space allocated to the counterparty in accordance with this agreement to any third parties.

At the same time, the Customer has the right to correct the material transferred by him to the contractor until the moment when the original layout is approved. This right is not valid after its approval, from that moment no claims are accepted.

For its part, for the Contractor in the contract set their own responsibilities and rights.

First of all, after the material of an advertising and informational or informational nature has been agreed upon by him with the customer, he has an obligation to produce in the amount stipulated by the contract and place. The form and content of the released advertising products must comply with the standards set in the layout. He is also obliged to notify the transaction partner in advance that the materials will be published in such and such a way.

In this case, the Contractor has the right post materials made by him within the limits agreed with the customer. He is also given the opportunity to suspend the placement of materials if the other party to the agreement does not properly fulfill its obligations.

In addition, the performer has the right refuse the customer in the execution of his instructions, if in his promotional material contains information that does not meet the requirements existing in the current legislation.

The following is an article devoted to the price of the Contractor's services. It defines that this value is determined in accordance with the Annex to this document, which must be signed by both counterparties.

The amount of payment is nominated in rubles.

This article also specifies how and for how long deadline the customer transfers funds to the contractor.

In addition, it is indicated that as a fact certifying that the fulfillment of the obligation took place, signing by both counterparties, the Customer and the Contractor of the act of acceptance of advertising services.

The following is an article on the duration of the agreement. It establishes that this agreement comes into force after signed by both parties and shall continue to be valid until the moment when the Parties fulfill their obligations.

This article also defines the initial term for the provision of services, which is set as the moment when the original layout of the advertising product is approved and the deadline, it is indicated as a specific date.

The following article is about termination of the contract, defined that it is possible by agreement of the parties.

Also included in the contract is a force majeure. When emergency any of the counterparties gets the opportunity to refuse to execute the transaction, but he must notify the partner of the agreement about this.

You can download a ready-made contract form for free from our website.

Features of the contract

An essential feature of the contract for the provision of advertising services is that the Contractor in this transaction usually carries out activities in two directions at once. He performs as an advertising producer, that is, it produces materials designed to promote certain objects, as well as an advertising distributor, that is, it brings the created materials to the audience. Thus, the performer is a person who combines these two work profiles.

It is also determined that the contract provision of services additionally, the articles of the Civil Code relating to the contract are applied, they are valid in the case when they do not directly contradict the norms of the Civil Code relating to the contract for the provision of services.

For more information about drawing up a contract for the provision of advertising services, see the video below.

for the provision of advertising services on the Internet 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 “ Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

DEFINITIONS

Internet advertising is information about the Customer (name, location, opening hours, contact numbers), his goods (works, services), ideas and undertakings, which is intended for an indefinite circle of people, designed to form or maintain interest in the Customer, goods, ideas and undertakings and is distributed in electronic form through the Internet.

Banner with a special effect - a banner with animation, sound effect, pop-up text. Web pages - Internet pages containing information about the advertised product, work, service.

Popular words (fragments) are the most frequently used words (fragments) by Internet users. They are identified by the results of processing daily (weekly, monthly) user requests.

Spam - telematics electronic message, intended for an indefinite circle of persons, delivered to the subscriber and (or) user without their prior consent and does not allow to determine the sender of this message, including due to the indication of a non-existent or falsified sender's address in it.

Other definitions of this agreement are used in the sense established by the Federal Law "On Advertising" and the current legislation of the Russian Federation.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, on the instructions of the Customer, undertakes to provide him with services for placing Internet advertising.

1.3. Specifications layouts of online advertising ads transmitted by the Contractor for placement:

1.3.1. Banner, including with special effects

• Dimensions: , , ;
• Placement on the web page: ;
• Term of use: ;

1.3.2. Text block

• Dimensions: , , ;
• Type of information carrier: text (against the background: images, with audio duplication, etc.);
• Type: fixed (pop-up, dynamic, etc.)
• Placement on the web page: ;
• Term of use: ;

1.3.3. Insert

• Dimensions: , , ;
• Type of information carrier: text (image, video, audio fragment, etc.);
• Type: fixed (pop-up, dynamic, etc.)
• Placement on the web page: ;
• Term of use: ;

1.4. Placement time (periods, certain days and hours, etc.) of online advertising: .

1.6. Target group: .

1.7. The Contractor independently prepares layouts for online advertisements and daily (weekly, monthly) transfers at least a layout to the Customer for placement. After the acceptance certificate is issued, the layout is posted on the Internet.

1.9. After the expiration of the period of use, Internet advertising is removed from placement and destroyed at the expense of the Customer.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Obligations of the Customer:

• provide the Contractor with information for the preparation of online advertising ad layouts, including: ;
• pay for the services of the Contractor in the manner prescribed by this Agreement.

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

2.3. Contractor's obligations:

• conscientiously provide the services specified in clause 1.1 of this Agreement;
• daily (weekly, monthly) transfer to the Customer for placement of at least the layout (s) of an online advertisement;
• monthly provide the Customer with reports on the services rendered.

2.4. The Contractor has the right to refuse to execute this Agreement, subject to full compensation to the Customer for the losses caused to him.

3. PROCEDURE FOR PAYMENT

3.1. The Customer pays monthly for the services of the Contractor in the amount of , as well as VAT%, which is rubles.

3.2. The Customer pays for the services of the Contractor by payment order by transfer Money to the Contractor's bank account.

3.3. The first payment is transferred by the Customer to the Contractor within days from the date of transfer of the first layout of the online advertisement. In the future, the Customer pays for the services of the Contractor in the amount specified in clause 3.1 of this Agreement, monthly no later than the day of the current month.

4. SERVICE TERM

4.1. The Contractor starts rendering services under this Agreement on the next day after the conclusion of this Agreement.

4.2. In the event of a delay in the next payment, the Contractor has the right to suspend the performance of its obligations under this Agreement until the Customer makes payment for the Contractor's services.

4.3. At the end of each month in which the services were provided, the Parties sign a bilateral act, which is a confirmation of their provision.

5. TERM OF THE CONTRACT

5.1. This Agreement comes into force from the moment of its signing and is valid until the Parties conclude an agreement to terminate this Agreement.

6. RESPONSIBILITIES OF THE PARTIES

6.1. 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.

6.2. The Parties are released from liability in the event that the impossibility of performance arose due to circumstances for which none of the Parties is responsible (force majeure). The Party that cannot fulfill its obligations must notify the other Party of the obstacle and its impact on the fulfillment of obligations under the Agreement within the period from the moment these circumstances arise. The further fate of this Agreement in such cases must be determined by agreement of the Parties. If no agreement is reached, the Parties have the right to apply to the court to resolve this issue.

6.3. For delay in payment for the services of the Contractor, the Customer shall pay penalties in the amount of % of the amount specified in clause 3.1 of the Agreement for each day of delay.

6.4. In the event that a layout prepared by the Contractor is posted on the Internet without an acceptance certificate being issued by the Customer or by the Customer outside the framework of this Agreement, the Customer shall pay the Contractor a fine in the amount of rubles per .

7. DISPUTES RESOLUTION

7.1. All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between the Parties.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in Arbitration Court d. on the territory of the Russian Federation in the manner prescribed by the legislation of the Russian Federation.

7.3. On issues not regulated by the Agreement, the laws and other legal acts of the Russian Federation, including the relevant legal acts adopted by the constituent entities of the Russian Federation and local governments, are subject to application.

8. OTHER TERMS

8.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by both Parties.

8.2. This Agreement is made in 2 copies, one for each of the Parties.

9. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Customer

Executor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

10. SIGNATURES OF THE PARTIES

Customer _________________

Artist _________________