General Terms and Conditions of Contract (GTC)
1. Purpose and scope
These GTC govern the provision, by Marco Visual, of advertising display services on outdoor advertising sites (8x3 m billboards and billboards of other sizes, monopole billboards, building wraps, MUPI street panels, bus shelters, kiosks, street thermometers, OPI/OPPI, digital DOOH sites, etc.), whether its own or managed by it, as well as the production, printing, installation, maintenance and removal of materials. Any Special Conditions accepted by the Client prevail over these GTC in respect of the matters specifically agreed.
2. Definitions
- Client: the advertiser or agency that books the campaign.
- Campaign: the display of advertising on one or more advertising sites over a set period.
- Advertising site: a physical or digital element that displays advertising.
- Material: creative work, final artwork and/or printed or digital items.
- Long-term campaign (large format): billboards, building wraps and large formats running for ≥ 6 months.
- Long-term campaign (street furniture): MUPI street panels, bus shelters, kiosks, OPI/OPPI, street thermometers running for ≥ 3 months.
- Short-term campaign: one below the above thresholds, depending on the type.
- Domination: a special action in stations/venues (metro, tram, railway, airports or others) that takes over an entire environment by means of vinyl wraps, the booking of every advertising site in it, or ambient interventions.
Cycle/month: the minimum billing period applicable to each advertising site (usually a calendar month, unless a different cycle is defined in the Special Conditions).
3. Contracting process and bookings
- Proposals: inventory, locations, timings, rates and conditions. Availability is dynamic until the campaign is confirmed and its cost has been paid.
- Confirmation: the booking becomes firm upon written acceptance and/or payment in advance by the due date.
- Final artwork: must meet the technical specifications. Non-conforming material may be rejected or adapted subject to a charge.
4. Production, installation and maintenance
- Production: unless otherwise agreed, printing and materials are quoted separately. Colour variations due to substrates/lighting do not constitute a breach. Supplying artwork in CMYK is recommended.
- Installation: dates are subject to weather, permits and safety. The installation obligation is deemed fulfilled if installation takes place within the operational window (24–72 h).
- Maintenance: reasonable replacement for ordinary wear and tear. It does not include reprints due to artwork errors or to changes made by the Client.
5. Content and licences
- The Client warrants compliance with Spain’s General Advertising Act (Ley General de Publicidad), sector regulations and copyright/image rights.
- Marco Visual may reject creative work that is unlawful or contrary to licences/regulations.
- Unless the Client expressly objects, Marco Visual may use campaign photographs/mock-ups as proof of posting (POP), in its portfolio or on its corporate social media, as well as the Client’s logos to publicise its client portfolio (the Client declares that it holds the necessary rights).
6. Execution, proof of posting (POP) and locations
- Installation windows: 24–72 h from the scheduled start/end date.
- POP: geotagged photographs after installation; for DOOH, photographs of the sites are not usually taken, but in some cases proof-of-play certificates/reports may be provided where appropriate.
- Indicative locations and photographs: coordinates, maps and photos may vary because of third-party sources (e.g. Google/Street View) or changes in the surroundings (trees, resurfacing, waste containers). They do not imply any guarantee of accuracy to the centimetre or of the scene captured.
- Return of posters: possible on request where technically feasible; carriage at the Client’s expense, paid in advance and with no guarantee as to condition.
7. Relocations and exceptional conditions
- Priority for long-term campaigns: short campaigns may be moved to equivalent or superior advertising sites to protect the continuity of long-term campaigns. The Client’s express approval will not be required, although the Client will be informed in writing.
- Events beyond the parties’ control: if an advertising site becomes unusable or is removed for reasons beyond either party’s control, an alternative or a pro rata cancellation from the date of removal will be offered. If the site is expected to be back in service within 60 days, the contract may be suspended until then. Production costs already incurred are non-refundable.
- Domination in stations/venues: absolute priority over other bookings, even confirmed ones. An equivalent alternative will be offered; if it is not accepted, the affected period will be deducted or the booking will be cancelled pro rata. Production costs already incurred are non-refundable.
8. Cancellation and withdrawal
- General:
- ≥ 60 days before the start: costs incurred.
- ≥ 30 days before the start: costs incurred + 35% of the first cycle/month of the affected advertising site.
- ≥ 15 days before the start: costs incurred + 55% of the first cycle/month of the affected advertising site.
- 7–14 days before the start: costs incurred + 75% of the first cycle/month.
- < 7 days or campaign already started: costs incurred + 100% of the current cycle/month.
- Long-term campaigns: 2 months’ notice is required. The Client will pay the amounts accrued up to the effective date and the removal cost (never more than the cost of printing and fitting the original poster/wrap).
- Non-payment/breach: entitles the non-defaulting party to suspend display, terminate the contract and recover the amounts accrued and the associated costs.
9. Prices, invoicing and taxes
- Included: rental of the space and ordinary maintenance of the advertising site.
- Not included: production/printing, installation, extraordinary maintenance, local authority fees and licences.
- Payments and prepayment: all campaigns are paid in advance. For long-term campaigns, invoicing is 2 or 3 months in advance (depending on whether the campaign runs for 6 or 12 months). If the Client fails to prepay, the inventory may be released and installation/display suspended.
- Interest/non-payment: late payment bears interest at 1% per month and may lead to removal of the advertising. The outstanding amounts and any bank/legal costs may also be claimed.
- Price review/CPI: on extensions/renewals, prices are updated in line with current rates and/or the Spanish CPI (the national index published by INE, Spain’s statistics institute). Annual review if the initial term is ≥ 12 months.
10. Licences, permits and by-laws
Marco Visual will act in accordance with municipal licences and by-laws and with the conditions set by owners/managers. Some messages/formats may require additional authorisations or be restricted by local regulations. Specific fees and charges are, unless otherwise agreed, payable by the Client.
Payment for the services does not give the Client the right to access or handle the advertising sites. Any intervention will be carried out by authorised personnel.
11. Liability and limitation
Marco Visual is liable for the proper provision of the services contracted. It is not liable for loss of profit or indirect or consequential loss arising from causes beyond its control or force majeure. Total liability, if any, is limited to the amounts actually paid for the service directly affected.
12. Data protection
Marco Visual will process personal data in accordance with the EU GDPR and Spain’s data protection act (LOPDGDD) and with its Privacy Policy. The Client declares that it has informed its staff/suppliers.
13. Confidentiality
Both parties will keep confidential the commercial and technical information exchanged, except where disclosure is required by law or ordered by a competent authority.
14. Assignment
The Client may not assign the contract or the locations to third parties without written consent. Marco Visual may use approved subcontractors.
15. Force majeure
There will be no liability for delays/failures to perform due to force majeure (disasters, general strikes, pandemics, acts of government or public authorities, etc.). Obligations are suspended for as long as the cause lasts. If it lasts more than 30 days, either party may terminate without penalty, settling the amounts accrued and the production costs incurred. The Client may choose to extend the campaign by the time not displayed or to deduct the corresponding pro rata amount.
16. Communications
In writing to the contacts designated in the Proposal/Contract or to contacto@marcovisual.es.
17. Governing law and jurisdiction
Spanish law applies. Any disputes will be submitted to the courts of the city of Murcia (Spain), except where mandatory consumer protection rules apply.
18. Signature and electronic communications
- Electronic signature: electronic signatures (signature platforms or approval by verified email) are accepted as fully valid and binding.
- Commercial communications: the Client authorises the sending of electronic communications related to the contract; it may object or withdraw its authorisation by writing to contacto@marcovisual.es.
19. Term, renewal and notice
Unless the Special Conditions provide otherwise, long-term contracts may be renewed automatically for further periods of the same length. Either party may prevent renewal by giving at least 60 days’ notice. On renewal, the price may be updated in line with the CPI and/or current rates.
20. Non-exclusivity
Unless expressly agreed otherwise, the contract does not grant exclusivity, whether territorial or for any advertising site. Nor does it guarantee any restriction on other campaigns near/adjacent to the contracted advertising site, regardless of sector or advertiser, unless expressly agreed otherwise.
21. Severability and entire agreement
The invalidity of any clause will not affect the rest. These GTC and the Special Conditions constitute the entire agreement between the parties regarding their subject matter.
Technical annex — Specifications and lead times
- Final artwork: formats (PDF/X, TIFF, MP4/WEBM), resolution at actual size, bleeds and margins, colour profiles, loop duration (DOOH).
- Lead times: artwork to be delivered at least 10 calendar days (print) or 7 days (DOOH) in advance. Standard production: 3–5 working days.
- Installation: operational window of 24–72 h. Reinstallation after vandalism: 5–7 working days from notification, once the material is available.
- Proof: photographic/geo POP within 1–3 working days; DOOH: proof-of-play report per period.
- Priority is given to the use of sustainable materials.
Website Terms of Use (marcovisual.es)
1. Acceptance
Accessing and using marcovisual.es constitutes acceptance of these Terms of Use and of the Legal Notice/Privacy Policy.
2. Permitted use
Users undertake to use the site lawfully, without damaging or overloading it or compromising its security, and not to attempt to access restricted areas.
3. Intellectual property
The content (text, images, logos, software) belongs to Marco Visual or to third-party licensors. Its reproduction, distribution or modification without authorisation is prohibited.
4. Third-party links
The site may contain links to third-party pages. Marco Visual does not control them and is not responsible for their content or availability.
5. Limitation of liability
The site is provided ‘as is’. Marco Visual does not guarantee uninterrupted availability or the absence of errors and will not be liable for indirect or consequential loss arising from use of the site.
6. Advertising site locations and photographs
The locations shown on maps and the photographs of advertising sites are indicative. They may vary because of adjustments by map providers (e.g. Google/Street View) or changes in the urban environment (tree growth, resurfacing, changes to street furniture or waste containers, etc.).
7. Privacy and cookies
The processing of personal data is governed by the Privacy Policy, which includes the information on cookies.
8. Changes
Marco Visual may change these Terms of Use at any time. The date of the last update is shown at the top of the page.
9. Governing law and jurisdiction
Spanish law applies. Any disputes will be submitted to the courts of the city of Murcia (Spain), except where mandatory consumer protection rules apply.