PORTRAITS OF EMIGRATION
Advertising
General Terms and Conditions for the sale of advertising space in the quarterly Portraits of Emigration
These general terms and conditions for the sale of advertising space form an integral part of every advertising space sale agreement in the print edition of the magazine Portrety Emigracji, concluded between the Publisher and the Client.
DEFINITIONS
1. In these Terms and Conditions, the following terms and expressions shall have the following meanings:
1.1. “Client” means an entrepreneur who, under the Agreement, purchases advertising space in the magazine from the Publisher Portraits of Emigration.
1.2. “Publisher” indicates CKU – Centre for Counselling and Therapy, based at 110 Amiens Street, North Wall, Dublin 1, D01 F6N2, registered as a non-profit organisation no. 485287, Charity Organisation RCN 20076511.
1.3. “Page”means Publisher and Client
1.4. “Agreement”means a contract for the sale of advertising space in Emigration Portraits concluded between the Publisher and the Client
1.5. “PE”means magazine Portraits of Emigration issued by the Publisher.
1.6. “Advertising” means any type of advertising material presented to the Publisher by the Client for paid publication in PE – in print, digital, on the website and on the Publisher’s social media. Advertising may also include materials attached to the PE edition, particularly in the form of an advertising insert, promotional code, sample, and the like.
1.7. Project” means an Advertisement that meets the requirements of the Specification, in the content and form in which the Advertisement is to be published by the Publisher in PE under the Agreement.
1.8. Order” means a declaration of will made in writing by the Client to the Publisher, the acceptance of which by the Publisher results in the conclusion of an Agreement between the Client and the Publisher on the terms specified in the agreement
1.9. Cancellation” Withdrawal" means withdrawal in whole or in part from an unperformed Agreement, unless otherwise expressly stated in the content of the relevant withdrawal provision in the Agreement.
Contract Conclusion and Advertisement Publication
2. These Terms constitute an integral part of the Agreement concluded between the Publisher and the Client upon the Publisher's acceptance of the Order placed by the Client. By placing an Order, the Client confirms that they have read and accept the Terms and undertake to abide by them. As from the moment of placing the Order, the Client is bound by the content of the Terms and Appendices.
3. The Publisher's remuneration is determined in the individual Agreement, from the date of the Agreement's conclusion, and binds the Parties with respect to the Order that is the subject of the Agreement.
4. The Publisher’s fulfilment of the Order is conditional on the Client’s acceptance of the Design presented in accordance with these Terms and Conditions.
5. The Client is obliged to present to the Publisher for acceptance a Project that complies with the Publisher's Technical Specification set out in Annex no. 1. – “Specification”by the agreed deadline before the publication date, subject to the technical specification and valuation of the advertising insert being delivered to the Client by the Publisher only after it has been delivered to the Publisher by the printing house.
6. The Publisher is entitled to request from the Customer, at its own discretion, any information, clarifications, additions, or modifications to the Project to ensure its full compliance with the Specifications, the Publisher's standards, and PE. In the event that the Customer fails to provide the requested information and clarifications or fails to make any requested additions or modifications to the Project within 14 days, the Publisher is entitled to reject or suspend the publication of the Project. This right is particularly applicable to the Publisher when the Project contains content that is defamatory, libellous, unlawful, pornographic, socially unacceptable, or otherwise contrary to the Publisher's policy.
7. The Publisher is entitled, but not obliged, to make modifications to the Project or parts thereof independently, to the extent necessary to ensure its compliance with the Agreement. The Client shall not have any claims against the Publisher, in particular compensation claims, due to the Publisher's rejection or suspension of the Project's publication for any reason.
8. The Advertisement shall be published by the Publisher in a manner consistent with the Design finally accepted by the Publisher. The Publisher reserves the right, at its sole discretion and expense, to make any necessary changes to adapt the Design to the technical requirements of the PE printing process, of which the Client shall be promptly informed. The Client shall not have any claims against the Publisher, in particular claims for damages, on account of changes made in accordance with these terms and conditions.
9. The Project shall be deemed accepted by the Publisher if the Publisher's Advertising Department notifies the Client of its acceptance of the Project within five (5) days of its receipt. Notwithstanding the foregoing, the Publisher shall have the right to modify the Advertising space or placement of the Advertisement in PE if it deems it necessary, of which it shall promptly notify the Client. If the aforementioned modification affects the amount of remuneration due to the Publisher, the Publisher shall notify the Client thereof. The modification of the Project or the change in the Publisher's remuneration shall be deemed accepted by the Client if, within five (5) days of receipt of information in this regard, the Client does not notify the Publisher of its non-acceptance of the aforementioned change.
10. The Client has the right to report changes to the Project up to 30 days before the given issue of PE is handed over for printing, in accordance with the publishing schedule established by the Publisher.“Timetable”, forming Annex No. 2.
THIRD-PARTY RIGHTS
11. The Publisher declares that they have obtained all necessary consents, permits, and licences authorising them to publish the PE and sell advertising space in accordance with this Agreement.
12. The Client declares and guarantees that the Advertisement, no part thereof, nor their publication in the PE, does not infringe any applicable regulations or third-party rights, including intellectual property rights, and that the Client has obtained all consents, permissions, rights, and licenses required by law to use the Advertisement and its components, including works and trademarks, and their publication in the PE under the Agreement.
13. The Client grants the Publisher an exclusive, royalty-free licence, for an unlimited period and territory, to use the Advertisement and its components to the extent necessary to fulfil the Order, in particular in the following fields of exploitation:
13.1. Reproduction and duplication using any techniques, and in particular graphic, photographic, printing, reprographic, artistic, computer, visual, multimedia, audiovisual, digital, laser, and magnetic recording techniques in any form and format, regardless of the system, including online – for commercial purposes for the PE magazine and related materials, published in both paper (magazine) and digital (website, blog, newsletter, mobile app, etc.) versions;
13.2. Reproduction by recording on electronic, audiovisual, or digital media – in particular for commercial purposes for the PE magazine and related materials, published in both print (for the magazine) and digital versions (website, blog, newsletter, mobile app, etc.);
13.3. circulation of the original or copies – marketing, lending, renting of the original or copies of advertisements – in particular for commercial purposes for the needs of PE magazine and related materials, published in both print (magazine, books, anthologies) and digital versions (website, blog, newsletter, mobile applications, etc.);
13.4. Introduction to the market, issuing, and distribution of all promotional, informational, publishing, and other materials using the Advertisement and its components, including works and trademarks – particularly for commercial purposes for the PE magazine and related materials, published in both print (magazine, books, anthologies) and digital (website, blog, newsletter, mobile application, etc.) versions;
13.5. processing, in particular translation, reworking and adaptation;
13.6. Input into computer memory and distribution via the internet, in any kind of computer, tele-information and telecommunications networks;
13.7. dissemination in a manner other than that specified above, as well as public performance, exhibition, display, broadcasting and retransmission, and any public making available in such a way that members of the public may access it from a place and at a time individually chosen by them, including exhibitions and various events, particularly for commercial purposes.
Data Protection
14. In the event that the Advertisement, the Project or any related materials provided to the Publisher by the Client in the performance of this Agreement contain any personal data within the meaning of the applicable Data Protection Acts 1988 to 2018, Regulation 2016/679 of the European Parliament and of the Council (EU), Directive 95/46 and Directive 2002/58, the Client represents and warrants, that it has obtained all necessary authorisations required for the processing of personal data in connection with the performance of the Agreement and that it complies with all obligations set out in the Act, the Regulation and other relevant legislation, in particular obligations relating to the principles of lawful processing of personal data, the requirements to obtain appropriate consents from data subjects, the processing of special categories of personal data and enabling the exercise of data subjects' rights (e.g. the rights to information, access, rectification and erasure, the right to restrict data processing, the right to data portability, the right to object to data processing and the right not to be subject to automated decision-making in individual cases, including profiling).
RESPONSIBILITY
(15) In the event of any action, claim, demand or proceeding by a third party in relation to the falsity of the representations and warranties made by the Customer in Clauses 12, 13 and 14 of the Terms and Conditions or in relation to the Advertisement or any element thereof to the extent published by the Publisher under the Contract, the Customer undertakes to unconditionally indemnify the Publisher against any and all obligations to perform, make expenditures, incur costs, repair damages or discharge any other liabilities in connection therewith. The Customer hereby agrees to enter into such proceedings and also agrees to indemnify the Publisher in respect of any losses, claims, damages or liabilities (including without limitation any relevant and documented legal, accounting or other costs and fees) arising from any action brought against the Publisher by any third party. The provisions contained in this clause shall apply mutatis mutandis to any possible obligations of the Publisher towards public authorities.
16. The Publisher shall with due diligence perform its duties related to the publication of Advertisements. In the event that an Advertisement is not published in a manner compliant with the Agreement due to the Publisher's sole fault, the Publisher shall cooperate with the Client to ensure the publication of the Advertisement (or a replacement advertisement if provided by the Client) or grant the Client a discount on subsequent Orders, subject to the provisions below.
17. The Publisher shall not be liable for any damages incurred by the Client as a result of the Client's failure to perform or improper performance of its obligations under the Agreement, in particular the obligation to deliver the Project and any information within the deadlines specified in points 5 and 6 of the Terms and Conditions, or the obligation to adapt the Advertisement to the requirements indicated in the Specification.
18. The Publisher shall not be liable for physical defects of the Advertisement, including quality defects, if they concern no more than five percent (5%) of the print run of the given issue of PE.
19. The Publisher shall not be liable for damages incurred by the Customer due to reasons attributable to the printer or the PE distributor.
20. The Publisher shall not be liable for damages arising from force majeure or other circumstances beyond its control, which have made the production or distribution of PE impossible or difficult (in whole or in part), including in particular natural disasters, strikes, border closures, wars, as well as interruptions or cessation of work by the printing house cooperating with PE. The Customer shall have no claims against the Publisher, in particular claims for damages, due to damages arising from the circumstances indicated.
at this point.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
21. The client has the right to withdraw from the Agreement up to 30 days before the relevant PE number is sent for printing according to the Schedule.
22. If the Client fails to fulfil their obligations as set out in points 5 and 6, or if the Client withdraws from the Agreement in breach of point 20, the Client shall pay the Publisher a contractual penalty equal to the remuneration due to the Publisher under the Agreement pursuant to point 3, calculated without taking into account any discounts granted by the Publisher, including discounts granted in relation to Advertisements that have already been published in PE under the Agreement.
23. In the case of an Advertisement that was to be printed on the 3rd and/or 4th cover of PE (Premium Advertisement), the Client may withdraw from the Agreement up to 30 days before the given issue of PE is handed over for printing in accordance with the Schedule. In the event of withdrawal from the Agreement concerning a Premium Advertisement in violation of this clause, the Client shall pay the Publisher a contractual penalty in the amount equal to the Publisher's remuneration due under the Agreement for all Premium Advertisements covered by the withdrawal from the Agreement, calculated without taking into account any discounts granted by the Publisher, including discounts granted in relation to Premium Advertisements that have been previously published in PE under the Agreement.
24. In the cases referred to in points 22 and 23, the Publisher shall provide the Customer with a correspondingly corrected invoice.
PROJECT RETURN
25. Following publication of the Advertisement or expiry of the Agreement, the Publisher shall, at the Client's instruction, destroy or return to the Client the Project and other materials supplied by the Client in performance of the Agreement and owned by the Client. The Client is obliged to provide the Publisher with the above-mentioned instruction regarding how to proceed within 20 Working Days of the publication of the Advertisement or the expiry of the Agreement. If the Client fails to fulfil the above obligation within the specified period, the Publisher shall be entitled to destroy the Project and materials referred to above after the expiry of 10 Working Days without effect from the Client's request to indicate how to proceed in accordance with the provisions hereof. In connection with the foregoing, the Client shall have no claims against the Publisher, in particular, claims for damages, due to the destruction of the Project and materials in accordance with the provisions of this clause.
Payment of wages
26. The Client shall pay the Publisher remuneration as determined in accordance with point 3 within 14 days of the Publisher issuing an invoice. The remuneration shall be increased by any applicable taxes in accordance with current law. Within the same period, the Client shall pay the Publisher any contractual penalties due under this Agreement based on the relevant accounting document issued by the Publisher.
27. If the Customer fails to pay the Publisher's remuneration by the deadline indicated in point 26, the Publisher is entitled to withdraw from the agreement and not publish the Advertisement.
28. The Client hereby authorises the Publisher to issue and send invoices electronically.
FINAL PROVISIONS
29. Any rights and obligations of the Client arising from the Agreement may not be transferred by the Client to a third party without the prior written consent of the Publisher.
30. The Parties undertake not to disclose to third parties any information obtained by them in the performance of the Agreement without the prior written consent of the Party to whom the information relates, unless the Parties are obliged to disclose such information by virtue of applicable law. For any breach of the confidentiality obligation under this clause, the Client shall pay a contractual penalty equal to the remuneration due to the Publisher under the Agreement.
31. The Agreement, which includes the Order and the Terms, constitutes the entire agreement between the Parties with respect to the Order and supersedes all prior agreements and understandings between the Parties to the same extent.
32. In the event of any discrepancies between the provisions and the Order, the Parties shall be bound by the provisions of the Order.
33. The Publisher has the right to amend the Terms and any Appendices at any time during the Term of the Agreement, without giving a reason. The Publisher shall notify the Customer of any Amendment. For Orders fulfilled before an Amendment is made, the previous wording of the Terms and Appendices shall apply. Amended Terms or Appendices to the Terms shall apply to Orders accepted but not yet fulfilled on the date of the Amendment.
With respect to Orders accepted but not yet fulfilled on the date of the Change, the Client has the right to withdraw from the Agreement by submitting a written statement to the Publisher within 7 days of receiving notification of the Change, unless the suspension of the Advertisement publication is impossible due to the short time between the Change and the date of delivery of the relevant issue of the PE for printing in accordance with the Schedule. In such a case, the previous Terms and Conditions and Appendices shall apply to such Order.
34. The agreement was concluded under local law and shall be interpreted in accordance with Irish law.
35. The competent court for any disputes arising from the Agreement shall be the District Court competent for the Publisher's registered office.
36. The Parties hereby undertake that, prior to initiating proceedings under clause 35, they shall seek to resolve the Dispute amicably. If the Parties do not resolve the Dispute amicably within 30 days of the delivery by either Party to the other of a notice of Dispute, the Parties shall submit the Dispute for resolution by mediation in the Press Ombudsman or the Press Council of Ireland.
Dublin, 2026
List of attachments:
Appendix 1: Publisher Technical Specification – PDF
2. Annex 2: Publishing Schedule – PDF file