The Albany Gazette - ADVERTISEMENT

ADVERTISING AND TERMS OF ADVERTISING SERVICES OF "THE ALBANY GAZETTE"

 

0. Advertising: general information
"THE ALBANY GAZETTE" offers advertising opportunities within its digital publication, subject to availability, the agreed campaign specifications and these terms. Services may include display advertising, clearly identified advertising features, sponsored content, video, contextual placements and other expressly agreed formats. Each proposal must identify the services offered, publication channels, campaign period, price and applicable measurement arrangements. Audience estimates and illustrative campaign forecasts must be distinguished from contractual commitments. Advertising expenditure does not purchase editorial influence, favorable independent reporting or the suppression of legitimate journalism. The advertising supplier and the client’s contracting party is SCANDIC TRUST GROUP LLC, a limited liability company incorporated under Ukrainian law, registration number 1010351020000018952. SCANDIC ASSETS FZCO provides technical operation and administration within the scope of its appointment. LEGIER Beteiligungs mbH acts as an authorized payment recipient and advertising contact as described in section 8.1. Technical support or receipt of payment does not, by itself, transfer the supplier’s contractual obligations to either company.

 

Advertising inquiries
Publication contact: [email protected]

 

0.1. Legal requirements for advertising
Advertising must comply with the laws applicable to its content, audience, distribution and commercial purpose. Campaigns directed at Albany, the State of New York or the wider United States market must satisfy the relevant New York and federal requirements. Additional laws may apply where a campaign reaches or targets another jurisdiction. The client must supply accurate information about the advertiser, promoted products or services, intended audience, destination pages and supporting evidence. The supplier remains responsible for its own conduct and for obligations imposed directly upon it. Applicable protections for publishers and intermediaries, including New York General Business Law Sections 349(e) and 350-f and 47 U.S.C. Section 230 where relevant, depend on their statutory scope and the activity concerned. They are not treated as blanket immunity for the supplier’s own commercial representations, contractual performance or participation in creating unlawful content.

 

Identification of advertising and editorial independence
Advertisements must be recognizable as advertising before readers engage with them. Advertising features, native advertising, sponsored articles, affiliate promotions and paid endorsements must carry a clear and prominent disclosure appropriate to their presentation, such as "Advertisement", "Paid Advertisement" or "Ad". A commercial relationship must not be concealed behind editorial presentation, an ambiguous label or a disclosure available only after following a link. Where a promotional headline or preview could be mistaken for independent editorial material, the advertising identification must appear at that stage as well as within the destination content. Disclosures must remain understandable on the devices and formats used to deliver the campaign. Material sponsorship, commissions, gifts and other connections must be disclosed where they could affect the weight readers give to an endorsement. Independent editorial decisions remain with the publication. A general advertising notice elsewhere on the website does not replace a disclosure needed in the particular advertisement.

 

Accuracy, substantiation, testimonials and reviews
Advertising must not mislead through statements, imagery, presentation, omitted information or its overall impression. Objective claims must be supported by appropriate evidence held before publication. Qualifications must be legible, timely and sufficiently prominent; they must not contradict the principal claim. Testimonials must reflect genuine experience and must not imply that exceptional results are typical without adequate support or an appropriate explanation of generally expected results. The Federal Trade Commission’s Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465, prohibits specified practices involving fake or false reviews and testimonials, sentiment-conditioned review incentives, undisclosed insider testimonials, falsely independent review sites, prohibited review suppression and fake indicators of social influence. An incentive for an honest review is not automatically prohibited, but its conditions and disclosure must comply with applicable law. Editing, selective presentation and review scores must not create a misleading impression. An advertiser’s approval does not make an otherwise unlawful claim acceptable.

 

Prices, comparisons and promotional offers
Prices, discounts, savings, availability and promotional deadlines must be accurate and supported by the actual offer. Mandatory fees and material conditions must be disclosed clearly and at the appropriate stage; optional extras must remain genuinely optional. A claimed former price must have a legitimate factual basis, and an artificial reference price must not be used to manufacture a discount. Comparative advertising must accurately identify the basis of comparison and must not misrepresent a competitor’s products, performance, prices or commercial activities. The Lanham Act, including 15 U.S.C. Section 1125(a), may apply to false or misleading commercial advertising and false endorsement. Promotions and competitions must disclose material eligibility requirements, closing dates, significant restrictions and the basis on which prizes are awarded. Any registration, bonding or other legal requirement must be satisfied where applicable. For live-event tickets and short-term lodging within the scope of 16 C.F.R. Part 464, advertised prices must satisfy the specific federal total-price requirements and permitted exclusions. Those sector-specific rules are not represented as a universal pricing statute for every advertising service.

 

Dignity, discrimination and responsible presentation
Advertising must respect applicable civil-rights, privacy and other legal requirements. It must not facilitate unlawful discrimination, harassment, threats or fraudulent exploitation. Employment and housing advertisements require particular care under applicable federal law and the New York State Human Rights Law, including Executive Law Section 296. Housing advertisements must also comply with the Fair Housing Act, including 42 U.S.C. Section 3604(c), where applicable. An unlawful limitation or preference must not be introduced through targeting criteria, excluded audiences, proxy characteristics or automated delivery merely because it does not appear in the visible wording. Required professional licenses, employment disclosures and legally mandated information must be provided for the particular offer. The supplier may maintain additional lawful editorial and advertising standards concerning harmful, exploitative or unsuitable presentation. Acceptance of an advertisement does not authorize conduct otherwise prohibited by law.

 

Environmental and sustainability claims
Environmental claims must be clear, specific, evidence-based and proportionate to the benefit established. Claims such as "green", "sustainable", "carbon neutral", "recyclable" or "net zero" must not convey an unsupported broader benefit. Material limitations, relevant lifecycle effects and reliance on offsets must be disclosed where needed to prevent deception. A claim concerning one product feature must not misleadingly describe the environmental performance of the entire product, business or supply chain. Certifications and seals must accurately identify what has been assessed and must not imply an independent evaluation where none exists. Future targets require a credible basis appropriate to the claim. The Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260, explain the agency’s approach to environmental claims; they do not replace the applicable prohibitions on unfair or deceptive conduct.

 

Political advertising and campaign transparency
Political advertising requires prior identification of the advertiser, relevant committee or organization, person on whose behalf the communication is placed, funding arrangements and intended territorial reach. New York Election Law Sections 14-106 and 14-107 impose disclosure and reporting requirements within their respective scope, including applicable "Paid for by:" identification. Federal election communications may require disclaimers under 52 U.S.C. Section 30120 and 11 C.F.R. Section 110.11. Required disclosures must appear in the prescribed form and must not be replaced by a general reference to these terms. Restrictions on foreign-national contributions, expenditures and participation in electoral decision-making must be observed where applicable. New York Election Law Section 14-106 also addresses materially deceptive media in political communications, subject to its definitions and exceptions. An ordinary commercial advertisement, independent news report and paid political communication must not be treated as interchangeable. The client must provide information needed to assess the actual category and applicable requirements.

 

Children and young people
Campaign design, placement and targeting must take account of children’s age, understanding and vulnerability. Advertising must not misrepresent commercial content as independent instruction, exploit a child’s inability to recognize persuasion or circumvent applicable age restrictions. The Children’s Online Privacy Protection Act and 16 C.F.R. Part 312 apply to covered online collection, use and disclosure of personal information concerning children under 13. The New York Child Data Protection Act provides additional protections for covered users under 18. Processing concerning covered users aged 13–17 generally requires informed consent unless strictly necessary for an activity permitted by that Act. Advertising and marketing do not qualify as necessary internal operations merely because they generate revenue. Applicable restrictions on buying or selling covered minors’ information, processor arrangements and age or consent signals must be respected. An advertiser’s statement that a campaign is intended for adults is insufficient where the actual audience, presentation or data use breaches applicable requirements.

 

Food, alcohol, tobacco, vaping, nicotine and cannabis products
Food and dietary-supplement advertising must comply with applicable Federal Trade Commission and Food and Drug Administration requirements, including the rules governing substantiation, nutrition claims and health representations. A supplement must not be promoted as an approved treatment for disease without a lawful basis. Alcohol advertisements must satisfy applicable federal alcohol-advertising regulations, New York requirements and restrictions appropriate to the intended audience. Tobacco, vaping and nicotine advertising requires assessment of the particular product’s lawful marketing status, required warnings and applicable restrictions; availability on another website does not establish legality. Cannabis advertising directed at New York may be accepted only where the promoted activity and campaign comply with the applicable licensing and marketing requirements. The Office of Cannabis Management’s rules, including 9 N.Y.C.R.R. Part 129, address audience composition, appeal to people under 21, warnings, promotional practices and supporting records. Audience requirements must be assessed against the rules actually in force rather than an outdated fixed percentage. Evidence of compliance must be supplied before publication where reasonably required.

 

Gambling, medicines and financial promotions
Gambling advertising may be accepted only where the promoted activity and its presentation are lawful for the intended audience and territory. New York sports-wagering advertisements must satisfy the applicable Gaming Commission requirements, including licensing, operator identification, responsible-gaming information, age protection and restrictions on misleading promotions. "Risk-free", guaranteed-win and similar claims must not conceal deposits, wagering conditions or the possibility of loss. Medicines and health claims must comply with applicable federal and state requirements. United States law does not impose a universal prohibition on consumer advertising of prescription medicines; permitted advertisements must instead satisfy the relevant approval, presentation, risk-disclosure and fair-balance requirements, including the standards applicable to their particular format. Financial, investment, lending, insurance and digital-asset promotions require assessment under the laws governing the actual product and activity. Where Securities Act Section 17(b), 15 U.S.C. Section 77q(b), applies to a compensated securities promotion, the required compensation disclosure must be made; a generic "Advertisement" label is not sufficient by itself. New York’s Martin Act, applicable federal securities laws and relevant licensing requirements remain material where their conditions are met. A disclaimer cannot cure a false guarantee, unregistered activity requiring registration or materially misleading presentation.

 

Personal information, advertising technology and targeting
Personal information used for advertising must be collected, disclosed and processed consistently with applicable law, the stated purposes and the choices offered to individuals. Relevant requirements include New York’s data-security and breach-notification provisions, the New York Child Data Protection Act, the Federal Trade Commission Act and sector-specific federal laws. New York does not impose a universal prior-consent requirement solely because a technology is a cookie. Nevertheless, consent or other specific permission may be required for the actual activity, including covered children’s processing and certain disclosures of video-viewing information under the Video Privacy Protection Act. Client-supplied audience lists, hashed identifiers, pixels, retargeting instructions and matched-audience data must have a lawful source and must not circumvent an applicable privacy choice. Hashing an email address does not automatically make it anonymous. The parties must identify their actual responsibilities and any required processing arrangements before the relevant technology is deployed. Further information about the publication’s processing is provided in its Privacy Policy.

 

Electronic direct marketing
Commercial email must comply with the CAN-SPAM Act where applicable, including accurate sender information, nondeceptive subject lines, required advertising identification, a valid physical postal address and a clear opt-out mechanism. Applicable opt-out requests must be honored within 10 business days, and the mechanism must remain capable of receiving requests for at least 30 days after the message is sent. No fee or unnecessary personal information may be demanded to unsubscribe. Purchased addresses do not establish unrestricted permission to send messages or disregard suppression records. Telephone calls and text messages require a separate assessment under the Telephone Consumer Protection Act, applicable Federal Communications Commission rules, do-not-call requirements and relevant state law. Supplying a telephone number does not automatically authorize every form of automated or promotional contact. Responsibility may attach to the advertiser, sender or other participating party according to the actual activity; using an outside campaign provider does not eliminate applicable obligations.

 

Artificial intelligence and synthetic content
AI-assisted advertising remains subject to requirements concerning truthfulness, substantiation, intellectual property, privacy and identifiable commercial intent. Under New York General Business Law Section 396-b, a person within its scope who produces or creates a commercial advertisement with actual knowledge that it contains a defined synthetic performer must conspicuously disclose that use. The statute contains specific exclusions, including certain expressive-work promotions, audio advertisements, qualifying language translation and entities acting as the advertising medium; those provisions must be applied to the actual role and content. They do not remove other laws concerning false endorsements, deceptive claims or misuse of identity. Clients must identify synthetic performers, material alterations and simulated testimonials when submitting a campaign so that the required presentation can be assessed. Invented customer experiences, fabricated expert endorsements and misleading impersonations are prohibited. Using an automated tool does not transfer responsibility for the resulting advertisement to that tool or its supplier.

 

0.2. Legal framework and relevant case law
The following legislation and regulatory instruments are relevant according to their scope, territorial application and effective provisions:

- Federal Trade Commission Act, particularly Section 5, 15 U.S.C. Section 45: addresses unfair or deceptive commercial practices, including misleading advertising, inadequate disclosures and deceptive representations about privacy or performance.
- New York General Business Law Sections 349 and 350: address unfair, deceptive or abusive conduct and false advertising within their respective scope. Statutory publisher exceptions and the distinct requirements governing private claims must be considered separately.
- Federal Trade Commission Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465: prohibits specified review, testimonial, suppression and social-influence practices. The Endorsement Guides, 16 C.F.R. Part 255, and the agency’s native-advertising guidance explain related disclosure principles.
- Lanham Act Section 43(a), 15 U.S.C. Section 1125(a): provides remedies within its scope for false or misleading commercial representations, including false advertising and false endorsement.
- Copyright Act, Title 17 of the United States Code, and New York Civil Rights Law Sections 50, 50-f and 51 where applicable: govern relevant rights in creative material, specified uses of identity and protected digital replicas.
- New York General Business Law Section 396-b: establishes applicable advertiser-identification requirements and disclosure requirements concerning synthetic performers, subject to its definitions and exceptions.
- New York Election Law Sections 14-106 and 14-107, the Federal Election Campaign Act and applicable Federal Election Commission regulations: govern relevant political-advertising disclosures, reporting, funding and other electoral requirements.
- New York State Human Rights Law, including Executive Law Section 296, the Fair Housing Act and applicable federal employment-discrimination laws: address unlawful discriminatory advertising and related practices.
- Children’s Online Privacy Protection Act, 15 U.S.C. Sections 6501–6506, its implementing Rule, 16 C.F.R. Part 312, and the New York Child Data Protection Act, General Business Law Article 39-FF: govern covered processing concerning children and young people.
- New York General Business Law Sections 899-aa and 899-bb: establish applicable breach-notification and reasonable data-security requirements.
- CAN-SPAM Act, 15 U.S.C. Sections 7701–7713, and Telephone Consumer Protection Act, 47 U.S.C. Section 227: regulate covered commercial email, telephone calls and text messages.
- Video Privacy Protection Act, 18 U.S.C. Section 2710, and applicable federal and New York communications laws: restrict specified disclosures, interception and access involving protected information.
- Federal Food, Drug, and Cosmetic Act, applicable Food and Drug Administration regulations, federal alcohol-advertising requirements and relevant New York gambling and cannabis legislation and regulations: govern advertising within their respective regulated sectors.
- Securities Act of 1933, including Section 17(b), Securities Exchange Act of 1934, applicable investment-adviser rules and New York General Business Law Article 23-A, commonly known as the Martin Act: govern relevant financial and investment promotions according to the product, transaction and activity involved.
- Federal Trade Commission Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260, and Rule on Unfair or Deceptive Fees, 16 C.F.R. Part 464: address environmental representations and specified pricing practices within their respective scope.
- Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sections 7001–7031, and New York State Technology Law Article 3: recognize qualifying electronic records and signatures without eliminating requirements for notice, agreement or legally required consumer disclosures.
- New York General Business Law Article 29-BB, including Section 527-a, and the Restore Online Shoppers’ Confidence Act, 15 U.S.C. Sections 8401–8405: establish applicable requirements for automatic renewal, continuous service and online negative-option arrangements.
- Federal Trade Commission Cooling-Off Rule, 16 C.F.R. Part 429, and New York Personal Property Law Article 10-A: provide cancellation protections for qualifying transactions within their scope, rather than a general cooling-off period for every online advertising purchase.
- New York Civil Practice Law and Rules, including Sections 5001 and 5004, and applicable New York contract law: govern relevant interest, contractual remedies and proceedings.

The Federal Trade Commission’s Endorsement Guides, Green Guides and staff guidance are not interchangeable with binding trade-regulation rules or Acts of Congress. Industry standards may supplement the contract where expressly incorporated, but they do not replace applicable law or establish regulatory approval of an advertisement.

Relevant decisions include Starke v. SquareTrade, Inc., 913 F.3d 279 (2d Cir. 2019), concerning reasonable notice and assent to online contractual terms; Time Warner Cable, Inc. v. DIRECTV, Inc., 497 F.3d 144 (2d Cir. 2007), concerning false advertising, the overall presentation of claims and the distinction between actionable representations and puffery; JMD Holding Corp. v. Congress Financial Corp., 4 N.Y.3d 373 (2005), concerning enforceable liquidated damages and unlawful penalties; Sommer v. Federal Signal Corp., 79 N.Y.2d 540 (1992), concerning contractual exculpation and grossly negligent conduct; and Kel Kim Corp. v. Central Markets, Inc., 70 N.Y.2d 900 (1987), concerning impossibility and the interpretation of force majeure provisions. Their application depends on the contractual wording, facts and issues in the particular case.

 

1. Orders and formation of the contract
An advertising inquiry does not itself create a payment obligation. Before acceptance, the client must receive the campaign specifications, supplier identity, price and currency, applicable taxes and unavoidable charges, payment schedule, campaign duration, cancellation arrangements and these terms in a form that can be retained. The order must identify whether an agency acts as principal or as an authorized representative of a named client. A contract arises when the supplier accepts the client’s order or the client accepts a definite offer in the manner stated in that offer. An automated acknowledgment is not acceptance unless expressly identified as such. Online ordering must provide reasonably conspicuous notice of the terms and a clear manifestation of agreement. Electronic signatures and records may be used where legally effective. A hyperlink supplied only after the purchase does not automatically incorporate additional obligations. Clients must have a reasonable opportunity to review the offer and correct material submission errors before acceptance.

 

2. Advertising placement and publication dates
The agreed order determines the publication channel, placement, format, dimensions, targeting, dates, duration and any guaranteed delivery volume. A placement described as rotating may appear alongside other advertisers according to the agreed arrangements. Exclusivity, a fixed position, specified surrounding content or guaranteed visibility must be expressly agreed. The supplier must not substitute another publication, materially different audience, format or campaign period without agreement where the change affects the promised service. Minor technical adjustments are permitted only insofar as they preserve the agreed substance and presentation. The client must identify time-critical events before acceptance, and any essential publication date must be recorded. A later placement is not necessarily an adequate remedy for an advertisement whose commercial purpose depended on a particular date. Campaign scheduling is subject to timely delivery of compliant materials and any agreed payment condition, but those conditions must not be invoked to excuse a delay caused by the supplier.

 

3. Refusal, suspension or termination of publication
Before contracting, the supplier may decline advertising on lawful grounds, including incompatibility with disclosed advertising standards or unavailable inventory. After acceptance, suspension or removal requires a reasonable basis, such as illegality, substantiated rights infringement, a material security risk, a binding legal requirement or a material contractual breach. Where practicable and appropriate, the supplier will explain the issue and allow a reasonable opportunity to correct it. Immediate action may be taken where necessary to prevent harm or comply with law. Any measure must be proportionate to the affected material and circumstances. Suspension does not automatically entitle the supplier to retain the entire campaign price. Charges for work performed, any lawful compensation and refunds for undelivered services must be assessed separately. The supplier’s own breach remains subject to the applicable remedies. A client must promptly disclose a material change to a destination page, product, license, promotional condition or other fact affecting the legality of an ongoing campaign.

 

4. Delivery of advertising materials
The client must supply complete materials, destination links, required disclosures and supporting documentation by the agreed deadline and in the agreed technical format. Materials must be free from malicious code, unauthorized tracking, deceptive controls and undisclosed redirections. The supplier must communicate relevant technical requirements before the submission deadline. Material alterations to wording, claims or visual meaning require the client’s approval, except where immediate restriction or removal is necessary under section 3. Additional design, conversion or correction work is chargeable only where its scope and price have been agreed. Approval of a proof does not excuse an error introduced subsequently by the supplier. The client must identify third-party scripts, tracking functions and material external dependencies before delivery. Clients should retain their own copies. Requests for the return of physical originals should be made within ten days after the final placement; that administrative period does not extinguish ownership, statutory rights or an otherwise valid claim.

 

5. Defective performance and complaints
The supplier must deliver the agreed service with reasonable care and skill and in accordance with the accepted specifications. Clients should report missing, incorrect or defective placements promptly so that effective correction remains possible, but a complaint is not automatically barred because it is made after the campaign ends or the final report is issued. The supplier will investigate the reported discrepancy and provide the remedy required by the contract and applicable law. Depending on the nature of the failure, an appropriate remedy may include correction, additional valid delivery, an agreed replacement placement, a proportionate refund or termination of a materially unperformed part of the campaign. A replacement must reasonably serve the agreed advertising purpose; the client need not accept a materially different service as the sole remedy where the law or contract provides otherwise. Remedies must account for causation, the extent of performance and any reasonable opportunity to cure. These terms do not impose an abbreviated contractual limitation period for claims or require the client to forfeit a valid claim by failing to complain during the campaign.

 

6. Rights in materials and third-party claims
The client must hold the rights, permissions or other lawful basis necessary for the supplied text, images, recordings, trademarks, personal information and other material. The client grants the supplier a nonexclusive license limited to producing, technically adapting, delivering and reporting on the agreed campaign. Technical providers may exercise those rights only to the extent required for their appointed functions. Submission or payment does not automatically transfer copyright ownership. A transfer of copyright must satisfy the applicable requirements of 17 U.S.C. Section 204, and commissioned work is not automatically a work made for hire merely because it has been paid for. Rights in separately commissioned design or production work must be stated in the accepted order. Unrelated reuse, sale of campaign materials or use in another advertiser’s campaign requires an appropriate additional basis. Applicable privacy, publicity and moral rights must be respected. Responsibility for third-party claims depends on the relevant breach, causation and applicable law; these terms do not impose an unlimited indemnity for every allegation or for the supplier’s own wrongdoing. The parties must cooperate reasonably when a substantiated claim arises, without admitting liability or agreeing a settlement on the other party’s behalf without authority.

 

7. Liability and expected campaign results
The supplier is responsible for performance of its agreed obligations and for its own legally attributable acts and omissions. Unless expressly promised, a campaign does not guarantee a particular level of sales, inquiries, profit, search ranking or return on investment. That qualification does not reduce an agreed commitment concerning placement, duration, audience criteria, valid impressions or other defined deliverables. The recoverability of damages depends on the applicable law, including requirements concerning causation, foreseeability, reasonable certainty and mitigation. Nothing in these terms excludes liability for fraud, intentional wrongdoing or conduct for which an exclusion would be unenforceable as a matter of law. Any separately agreed limitation must be clearly incorporated and legally enforceable in the circumstances, including under the applicable rules concerning gross negligence and public policy. No general damages cap is created merely by stating the campaign price. Use of an external technical provider does not automatically release the supplier from its contractual responsibilities.

 

8. Price, advance payment and campaign cancellation
The agreed price and payment schedule must be disclosed before the contract is formed. Unless otherwise agreed, payment is due in advance by the date stated in the accepted offer and corresponding invoice. Design, production, targeting, measurement or other additional services may not be charged without a contractual basis. A request to cancel or reduce a campaign will be assessed according to the agreed arrangements and applicable law. Outside a statutory cancellation right, a cancellation charge must be validly agreed or otherwise legally recoverable. An agreed liquidated-damages provision must satisfy New York law; an amount functioning as an unlawful penalty is not enforceable merely because it is described as a cancellation fee or nonrefundable deposit. Where actual damages are claimed, relevant costs saved and reasonable mitigation must be taken into account. Cancellation does not automatically make all remaining charges payable. Where the supplier cancels without a contractual or legal entitlement, the client retains the remedies arising from that breach. Refunds due for undelivered services must not be replaced with advertising credit without agreement.

 

8.1. Authorized payment recipient
Advertising payments may be collected on the supplier’s behalf by:
LEGIER Beteiligungs mbH
Kurfürstendamm 14
10719 Berlin
Federal Republic of Germany
Commercial register: HRB 57837
Registration court: Amtsgericht Charlottenburg, Berlin
VAT identification number: DE413445833
Email: [email protected]
Payment made to an account identified in a valid invoice as an authorized collection account discharges the corresponding payment obligation to SCANDIC TRUST GROUP LLC to the extent received. The invoice must accurately identify the supplier and the capacity in which payment is collected. The German collection address does not, by itself, determine the place of supply, applicable tax treatment or governing law. Responsibility for the advertising service and any refund owed by the supplier remains with the supplier. Changes to payment instructions must be communicated through an authenticated channel; clients may verify them using the established contact details before transferring funds. An invoice must not substitute an unrelated entity as contracting party without an effective agreement or other lawful basis.

 

9. Late payment
If an undisputed amount is overdue, the supplier may issue a payment reminder and, after appropriate notice, suspend the affected service to the extent reasonably justified. Interest, late fees, legal fees and recovery charges require a valid contractual, statutory or other legal basis. These terms do not create an automatic percentage surcharge or compound-interest obligation. Where New York statutory interest applies in proceedings, Civil Practice Law and Rules Section 5004 generally specifies an annual rate of 9%, subject to statutory exceptions, including the applicable 2% rate for qualifying consumer-debt actions against natural persons. Those litigation provisions must not be presented as a universal invoice late-payment rate. Any agreed default charge remains subject to applicable limits and the rules against unlawful penalties. The client must pay amounts not reasonably disputed while identifying the basis of a genuine dispute. Duplicate recovery and unsupported collection charges are not permitted.

 

10. Exceptional events affecting performance
Relief under this section is limited to performance prevented by an extraordinary event beyond the affected party’s reasonable control, such as a natural disaster, war, binding governmental prohibition or widespread failure of essential telecommunications or utilities, despite reasonable preventive and mitigating measures. The event must actually prevent the relevant obligation; increased expense, reduced profitability or ordinary operational difficulty is insufficient by itself. The affected party must notify the other promptly, explain the consequences and take reasonable steps to limit disruption. Relief is confined to the obligations and period actually affected. Cyber incidents and supplier failures must be assessed against their cause and the precautions reasonably required; they do not automatically excuse performance. Alternative delivery that materially changes the contract requires agreement. If the interruption defeats an essential campaign purpose or prevents delivery within the agreed period, the client may terminate the affected undelivered part and receive the refund due, subject to lawful accounting for services already supplied. Any reliance on impossibility or frustration of purpose remains subject to New York’s separate legal requirements.

 

11. Applicable version and changes to these terms
The version properly incorporated when the contract is formed governs that contract. Publication of revised terms does not retrospectively amend an accepted campaign. Changes to an existing agreement require the parties’ agreement unless a valid contractual provision or applicable law permits the particular change. Material amendments must be explained in a form the client can retain, including their effect and proposed commencement. Silence or continued access to a public webpage does not, by itself, establish agreement to a new price, additional charge or reduced service. Mandatory legal changes apply according to their own provisions. Where a required legal change prevents a particular advertising method, the parties must address the affected performance and payment obligations under the contract and applicable law rather than assuming that the entire undelivered campaign remains payable.

 

12. Consumer cancellation rights
New York and federal law do not provide a general fourteen-day cooling-off right for every advertising contract concluded online. Cancellation rights depend on the transaction, method of sale, client’s status and applicable statute. The Federal Trade Commission’s Cooling-Off Rule, 16 C.F.R. Part 429, and New York Personal Property Law Article 10-A provide rights for qualifying transactions within their scope, generally including a three-business-day cancellation period for covered sales. They do not automatically apply to an ordinary advertising order negotiated and completed entirely online or to a business purchase outside their definitions. Where a statutory cancellation right applies, the supplier must provide the required contract information, notices and forms and honor the applicable deadline and refund obligations. An individually prepared advertisement does not, by itself, eliminate a right that otherwise applies.

 

Starting work and cancellation refunds
The agreed order must identify when production or publication is to begin. Starting work does not, by itself, extinguish a statutory cancellation right or authorize retention of all advance payments. Where the transaction is subject to a statutory cancellation regime, its rules govern the effect of early performance and any permitted charge. Otherwise, cancellation is governed by the accepted agreement and the principles stated in section 8. Any deduction from a refund must have a lawful basis and be explained with sufficient detail to verify it. Refunds must be made within any applicable statutory period and otherwise without unreasonable delay after the entitlement and amount have been established. Collection of the original payment by an authorized recipient does not remove the supplier’s refund obligation. A refund should use the original payment route unless another lawful method is agreed.

 

Automatic renewal and continuous services
A campaign does not renew automatically unless the accepted order expressly provides for renewal. Where New York General Business Law Section 527-a applies, material renewal terms must be disclosed clearly before consent or billing information is requested, affirmative consent must be obtained and a retainable acknowledgment provided. Required renewal, trial-expiration and material-change notices must be given. Cancellation must be available through the channels and with the ease required by the statute, without obstruction or unreasonable delay. A covered price increase requires affirmative consent or the statutory opportunity to cancel within at least fourteen days after the increased charge and receive the required prorated refund for the remaining term. The Restore Online Shoppers’ Confidence Act separately governs covered online negative-option transactions. Cancellation of future renewal must not be confused with a request for a refund for services already lawfully supplied.

 

How to cancel
A cancellation request may be sent to [email protected] or to the supplier’s correspondence address in section 13. Any other legally required or expressly provided cancellation mechanism remains available. The request should identify the client, campaign and intended cancellation sufficiently for the relevant order to be located. No particular wording is required for an ordinary cancellation request. Where a statutory regime prescribes a method or notice, the supplier must provide the required information and recognize any legally effective alternative. A cancellation is not subject to discretionary approval where the client is exercising an applicable legal or contractual right. The supplier will confirm the action taken and explain any lawful financial consequences.

 

13. Addresses and contact details
The advertising supplier and contracting party may be contacted at its operational and correspondence address:
SCANDIC TRUST GROUP LLC
IQ Business Centre
Bolsunovska Street 13–15
01014 Kyiv / Ukraine
Email: [email protected]
Website: www.TheAlbanyGazette.com
Legal form: limited liability company incorporated under Ukrainian law
Registration number: 1010351020000018952

 

Registered office and company address
SCANDIC TRUST GROUP LLC
Oksamytova Street 1-b, Office 30
Sofiivska Borshchahivka
Kyiv Region - 08147 / Ukraine

 

Technical operation and administration
SCANDIC ASSETS FZCO
Dubai Silicon Oasis DDP
Building A1/A2
Dubai - 342001 / United Arab Emirates
Telephone: +971 54 221 5217
Technical services are provided within the scope of appointment. The Ukrainian registration number identifies the supplier’s Ukrainian registration and is not represented as a New York company registration number. Contractual notices, complaints and refund requests may be addressed to the supplier using the contact details above. Special legal requirements for service of proceedings remain unaffected.

 

14. Backups and retention of information
Campaign materials, correspondence, delivery records and accounting information are retained only for the purposes and periods reasonably required for performance, administration, compliance and the establishment, exercise or defense of legal claims. Routine administrative personal information is ordinarily deleted or appropriately deidentified when no longer needed and no later than twelve months after campaign completion and final settlement, unless a longer period is justified by a specific legal obligation, unresolved dispute or other documented necessity. That period is not a universal retention period for tax, accounting, electoral or evidential records. Backups must be subject to appropriate security, restricted use and a defined deletion or overwrite cycle. Restoring a backup must not authorize unrelated republication or disregard an applicable deletion restriction. External processing must be governed by the arrangements required for the activity, including applicable child-data requirements. Overseas processing does not remove applicable security or confidentiality obligations. Further information about personal data is provided in the Privacy Policy.

 

15. Technical systems and security commitments
The supplier must maintain administrative, technical and physical safeguards appropriate to the nature of the services and the information involved. Measures may include access controls, secure transmission, monitoring, vulnerability management, backups and incident response. New York General Business Law Section 899-bb applies to covered private information according to its scope, including relevant service-provider safeguards. No technical system is represented as immune from interruption or attack. Where a particular security product, certification or assurance level is expressly agreed, the contractual documentation must identify the relevant product, version, configuration, evaluation scope and supporting evidence. A Common Criteria certificate, including one referring to Evaluation Assurance Level 7, concerns the defined evaluated product and configuration; it must not be presented as certification of the entire publication, hosting environment or advertising service without supporting evidence. An agreed security requirement may not be silently replaced by a lower specification. Incidents must be addressed promptly, with notices made where required by law or contract.

 

16. Measurement, reach and assessment of results
Campaign measurement must distinguish the following concepts:

- Page impressions: recorded displays of webpages under the stated methodology; a page impression does not establish that a particular advertisement was displayed.
- Advertising impressions: recorded displays of the advertisement under the agreed delivery and counting rules.
- Viewable impressions: impressions meeting expressly identified visibility criteria and measurement requirements.
- Unique visitors or reach: estimates produced by the stated methodology; a device, browser or identifier does not necessarily correspond to one individual.
- Clicks and interactions: measured events whose definition, filtering and attribution must be explained where they affect reporting or payment.
- Conversions: defined outcomes attributed under the agreed method and attribution period, subject to the limits of the available evidence.

The order must identify the metrics that determine delivery and invoicing, the measurement system and any material limitations. CPM means the price per 1,000 valid advertising impressions under the agreed methodology; page impressions are not substituted without express agreement. Identified invalid or fraudulent traffic must not be billed as valid advertising delivery. Differences caused by privacy choices, advertising blockers or measurement methods require proper assessment and do not automatically defeat a reasonable billing challenge. Seasonal changes and fluctuating news interest do not release the supplier from a guaranteed delivery commitment. Aggregate campaign reports do not authorize disclosure of identifiable reader information beyond what is lawful and agreed.

 

17. Orders and prices
Advertising orders concern www.TheAlbanyGazette.com unless additional publications or channels are expressly identified in the accepted order. The minimum order value for business and professional clients is EUR 5,500, excluding taxes legally applicable to the transaction. Business prices stated in sections 17 to 20 are exclusive of applicable taxes. New York generally does not impose sales tax on advertising services consisting of campaign development and placement with the media, but separately supplied taxable property or services and other jurisdictions’ requirements may produce a different result. German VAT must not be added solely because a German company collects the payment. The offer and invoice must state the currency, applicable tax treatment and any agreed conversion method or unavoidable payment charge. Where credit-card surcharges are imposed in a transaction governed by New York General Business Law Section 518, the required total-price disclosure and statutory limit must be observed. Services involving contextual targeting, search optimization, remarketing or behavioral targeting must be expressly described and performed lawfully. An unlawful or unconsented method does not create an entitlement to payment for an undelivered service. tax.ny.gov

 

18. Premium placements and special advertising formats
Subject to availability and the accepted campaign specifications, options may include:

- Rotating placements within relevant subject areas, including business, motoring, information technology and telecommunications.
- Rotation across additional publications or websites expressly named in the order.
- An additional reminder button measuring 160 × 50 pixels at a CPM of EUR 5, excluding applicable taxes for business and professional orders.
- Combinations of formats and placements under an individual proposal.
- Display advertising, Medium Rectangle placements and video, subject to the agreed dimensions, functionality and technical requirements.

The offer must identify the available inventory, campaign duration, targeting criteria, measurement basis and compatibility requirements. Exclusivity or continuous visibility on every device is promised only where expressly agreed. Any such agreement forms part of the supplier’s binding obligations. A stated format or industry specification does not dispense with the need to identify the actual deliverable. An additional placement, audience segment or distribution channel is not included merely because it appears in an illustrative proposal.

 

19. Annual volume discounts
The following discounts apply to one client’s total eligible advertising order value within the same calendar year, calculated before the annual discount and excluding taxes:

- From EUR 15,000: 3.5%.
- From EUR 50,000: 5%.
- From EUR 100,000: 11%.
- From EUR 150,000: 16%.
- From EUR 250,000: 21%.
- From EUR 500,000: 30%.

The rate for the highest attained band applies to the entire eligible annual volume; the percentages are not cumulative. Any service exclusions or additional eligibility conditions must be disclosed and validly agreed before the affected order is accepted. Final reconciliation must account for discounts already credited, cancellations and refunds, with sufficient information to verify the calculation. Where an advance discount depends on a binding annual commitment, a shortfall adjustment requires a previously agreed lawful mechanism and must be confined to the difference between the discount granted and the discount actually earned. No adverse adjustment may be imposed to the extent that the supplier caused the shortfall. Reconciliation must not unlawfully penalize the exercise of statutory rights.

 

20. Campaign reporting, invoicing and agency commission
Usage-based invoicing must be supported by a campaign report using the agreed metrics. The client may request an explanation of discrepancies and submit relevant evidence from another measurement system. The supplier’s report is evidence of performance, not conclusive proof that cannot be challenged. Prompt reporting of a problem assists correction during the campaign, but a claim does not lapse merely because it is raised after final reporting. For an order introduced through an advertising agency, the agency commission is 10% of the invoiced advertising service price after agreed discounts and before taxes, unless another basis is expressly agreed. The proposal must identify the entitled agency and explain how the commission is settled. The same commission or discount must not be counted twice on the same basis. An agency must disclose whether it acts in its own name or for a named principal and must comply with applicable duties concerning authority, conflicts of interest and commission disclosure. Cancellation, refunds and credits must be reflected consistently in the commission calculation.

 

21. Advertising formats
Depending on availability, compatibility and the agreed service, the following formats may be offered:

- Rotating horizontal display advertising, including Full Banner.
- Superbanner.
- Layered formats and interactive HTML5 advertising.
- Pop-up and pop-under formats where lawful and supported by the relevant browser.
- Content Ads placed near editorial material with clear advertising identification.
- Vertical display formats, including Skyscraper.
- Advertising information strips, including Newsticker formats.
- Advertising bars, including Ad Bars.
- Expandable corner formats, including Page Peel.
- Interstitial and Superstitial formats.
- Video and other expressly agreed multimedia formats.

Presentation must respect privacy choices, applicable child-protection requirements and reasonable user control. Deceptive buttons, false system warnings, undisclosed charges, circumvention of browser security and unjustified obstacles to closing an advertisement are not permitted. Accessibility must be considered in design and delivery, together with applicable disability and nondiscrimination requirements. Essential disclosures must remain understandable and usable and must not depend solely on an inaccessible animation, soundtrack or interaction. Obsolete software formats are not promised merely because they appeared in an earlier version of these terms.

 

22. Clients, businesses and consumers
A client is the person or organization entering into the advertising contract. A business client purchases services for purposes connected with its trade, business or profession. Whether an individual qualifies as a consumer depends on the particular statute and the actual purpose and circumstances of the transaction. New York and federal laws do not use a single definition that governs every advertising contract, cancellation rule and consumer-protection claim. A private individual placing a personal announcement must not automatically be treated as a business merely because the service purchased is advertising. Conversely, a commercial advertising order does not acquire a statutory consumer cooling-off right solely because an individual signed it. An invoice heading, business-style email address or statement in these terms does not override the applicable statutory test. An agency’s authority and responsibility must be identified before contracting.

 

23. Attachments and contractual documentation
Campaign specifications, schedules, artwork approvals, price lists, technical requirements and data-processing arrangements form part of the contract only where properly identified and incorporated. Material documents must be accessible before acceptance and supplied or confirmed in a retainable form where required. Individually agreed campaign provisions take precedence over inconsistent standard provisions, subject to mandatory law. An attachment must not conceal an additional charge, materially reduce a disclosed deliverable or introduce an unexpected restriction without appropriate notice and agreement. A document supplied after formation does not automatically amend the contract. Operational correspondence may clarify performance without changing the agreed commercial substance. A reference to the publication’s general Terms of Service or Privacy Policy does not silently replace the agreed advertising price, delivery commitment or refund entitlement.

 

24. Contracting parties and allocation of responsibilities
The advertising contract is between the identified client and SCANDIC TRUST GROUP LLC. SCANDIC ASSETS FZCO performs appointed technical functions, and LEGIER Beteiligungs mbH receives authorized payments and handles advertising inquiries within its authority. Each company remains responsible for obligations arising from its own activities and any undertaking it actually gives. Delegating performance does not itself release the supplier. Substitution of another contracting party requires the legal steps and any consent necessary for an effective transfer of obligations; it must not be achieved merely by changing an invoice heading or website notice. An assignment of rights must comply with applicable law and must not unlawfully reduce the client’s remedies or protections. Nothing in these terms represents a commercial partner as guaranteeing the supplier’s obligations unless that partner expressly gives a legally effective guarantee.

 

25. Invalid, unfair or unincorporated provisions
The effect of an invalid, unenforceable, unconscionable or unincorporated provision is determined by applicable law. Where the affected provision can lawfully be separated and the remaining agreement can operate consistently with the parties’ lawful bargain, the remaining provisions continue in effect. Severability does not authorize enforcement of a contract whose essential purpose is unlawful or whose remaining terms cannot properly stand. An ineffective provision is not automatically replaced by whichever term would produce the greatest economic advantage for the supplier. Nothing in this section authorizes the supplier to rewrite a term unilaterally, remove a mandatory protection or impose an obligation to which the client did not agree.

 

26. Governing law, jurisdiction and dispute resolution
These terms and contracts governed by them are subject to the law of the State of New York, together with applicable United States federal law, to the extent that this choice is legally effective. Mandatory protections applicable under relevant conflict-of-laws rules remain unaffected. Jurisdiction and venue are determined by applicable law and any separately agreed, legally enforceable provision. These terms do not impose an exclusive foreign court, compulsory arbitration, a class-action waiver or a waiver of jury trial. Clients may submit contractual complaints to [email protected]. Contacting the supplier does not prevent a client from exercising an available legal remedy or reporting a concern to a competent authority. Advertising and consumer-protection matters may fall within the jurisdiction of the New York State Attorney General or the Federal Trade Commission; electoral, securities, gambling, cannabis and other regulated matters may fall within the jurisdiction of the corresponding authorities. Those bodies have distinct functions and do not automatically determine contractual refund claims. A regulatory complaint does not automatically suspend an applicable limitation period.

 

Contact:
"THE ALBANY GAZETTE"
Email: [email protected]

 

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Last updated: November 1, 2026.