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

Advertising contract is an agreement by virtue of which the advertiser will be obligatorily, on the instructions of the advertiser, disseminate advertising information within a certain territory and within the specified time frame, and these actions must be paid by the advertiser.

This is regulated by the Federal Law of July 18, 1995 No. 108 FZ "On Advertising", the norms of Ch. 39 GK “Paid services” and Art. 420-449 Civil Code (general provisions on the contract).

Several persons can participate in the contract both from the side of the advertiser and from the side of the advertising distributor. In relation to their obligations, they act as joint debtors.

The essential condition of the contract is its subject. They are intangible services (not the results of activities, namely the actions themselves) and the term.

The contract is concluded in simple writing.

The general rule provided for in Art. 780 CC, 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 personally-trusting 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 one or another object in order to interest the consumer and promote market promotion. The object may be: the manufacturer / seller of the goods and the goods themselves; intellectual product; event, etc.

Parties

The parties to 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, the contents of the latter, as well as the advertising producer (distributor, performer). The functions of the latter can be performed by one or several persons. At the time of drawing up the contract, the price and method of calculation are discussed, the timing of the provision of advertising services, the rights and obligations of the parties.

Be sure to be attached to the contract: payment schedule, task, copies of licenses, certificates and customer permits for the advertised object, task. The contract must be made in duplicate and signed by representatives of both parties.

The quality of advertising services depends on how the contract is drawn up correctly.

Advertising Market Functions

Thanks to the advertising market, the creation and regulation on the economic basis of the relationships between market entities takes place. They are coordinated through a pricing mechanism that maintains a balance between consumer and producer, supply and demand. Being a regulator of the economy, the advertising market performs the following functions:

• promotes 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 discrepancies between the supply and demand for advertising services, brings them into a state of compliance with market needs;
• helps to create conditions for the functioning of the advertising business and identifies leaders, stimulates its effective work;
• notifies market entities through economic indicators of all ongoing processes in the economy;
• eliminates the lack of advertising services and allows you to expand the capabilities of entities engaged in entrepreneurial activities.

With the development of society and its relations, the functions of the advertising market also do not stand still and are characterized by a tendency toward complication.

Advertising agencies

Advertising Agency is an independent organization of business and creative people whose specialization is the creation of advertising and other materials related to it. In addition, the agency may attract or acquire subcontractors in order to purchase advertising space and the time of its placement in certain 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 the wide possibilities of advertising art to solve their business issues. These include artists, writers, market and media analysts, specialists in various fields, researchers who use their skills and talents to help clients succeed in their affairs. They constantly contact suppliers outside the agency who take photographs, retouch them, illustrate advertisements, type fonts, shoot promotional videos, record sound, that is, they perform all the types of work that are necessary to create high-quality products. They are always aware of the latest technical improvements, current manufacturing issues and price fluctuations.

Who does he work with?

An advertising agency collaborates with a variety of sellers to increase the efficiency of searches for customers and the services or products they provide. They work directly for the client, and not for the supplier of goods or the media. The obligation of an advertising agency from an ethical, moral, financial, and sometimes even legal point of view is to provide customers with the highest quality work, promote their prosperity, material well-being, and popularity growth. An advertiser is not just a customer paying bills, but also an employer. The Agency, in turn, satisfies its requests, is hired only for profit for the enterprise, and you can always refuse such services. The cost of advertising services is quite tangible.

Types of RA

Currently, the advertising market has many different advertising agencies, which are classified on various grounds depending on the tasks.

According to the scale and coverage of the territory, advertising agencies are divided into:

• global - speakers at the international level, in different regions and countries;
• national - advertising producers within a given country;
• regional - operating within a specific city or region. They can conclude an agreement on the provision of advertising and information services.

Between advertisers and advertising agencies of different types, the principle of infrastructural conformity applies, which consists in the fact that advertising services are delivered within the same type (for example, global agencies fulfill orders from global advertisers, etc.).

In terms of the volume and nature of the services provided, advertising agencies are divided into:

• full-service, that is, providing all services;
• specialized, providing certain types of services;
• multidisciplinary agencies that provide these or other services in the complex have an intermediate position between the previous types.

Or maybe an agreement to provide advertising and marketing services at the same time? About it further.

Media agencies

A special position in the advertising market belongs to media agencies leasing networks of advertising media that plan and place advertising in all types of media. The intercompany (“home”) agencies, which operate under the provisions of an exclusive agreement with a company or are part of it, are also also special (as a rule, advertising budgets are large here). A model contract for the provision of advertising services will be presented below:

• By purpose and function: advertising markets of political, social, commercial, etc.
• By industry: TV and radio advertising markets, outdoor, in the press and on the Internet.
• According to the development trend: high and low dynamic, as well as with a shorter life.
• According to the prospects: unpromising, unpromising, promising and highly promising.
• On competition: markets of pure monopoly and oligopolistic, monopolistic competition, perfect competition.
• By the level of monopolization: non-monopolized, monopolized and absolutely monopolized markets.

There is also a classification of advertising agencies for two reasons:

1. volume of services rendered (universal or specialized);
2. specialization of business (industrial or consumer sector).

An example of a contract for the provision of advertising services can be found in the article.

Both groups comprise several subgroups. Universal agencies are staffed in such a way that they are able to provide their customers with services in all areas of advertising and information activities. Fundamentally, they are divided into two varieties - advertising and non-advertising. The first ones include the preparation, development and direct manufacture of an advertising product, as well as the selection of media and the necessary research.

The second direction of universal agencies is implemented in a wide variety of services: from packaging goods to public relations and advertising, preparing annual reports, samples for exhibitions and materials for staff training.

Between whom can a contract for advertising services be concluded?

Two types of universal agencies

There are two types of universal agencies.

The consumer advertising agency is able to represent the interests of various kinds of customers, but in fact it turns out that the concentration of its activities focuses mainly on the production of consumer advertising related to companies that produce goods purchased directly by consumers (for example, cars, cosmetics, products for pets, etc.). The vast majority of advertising products in this area are sent to general media such as television, billboards, radio, and periodicals.

Agencies benefit greatly from their income, which is generated by the commissions paid to them by the media. Although the cost-effectiveness of private agencies is not very high, they often respond better to the needs of small customers, and the quality of the advertising products they produce from an artistic position is for the most part very high. Some of the agencies have set aside a certain niche in which they serve the needs of a certain market segment (for example, rendering services to an ethnic group), while concluding an agreement for the provision of paid advertising services.

Industrial-type advertising agencies are distinguished by the fact that they provide services to companies that manufacture products sold by another company (for example, computer software or hardware, radiation meters, melting furnaces, etc.). Business advertising is a very important area of ​​advertising, which requires high technical skills and the ability to translate knowledge into convincing, accurate material. This kind of advertisement is placed in specialized publications, various business publications. Similar information media also pay commissions, but due to the insignificance of their circulations, the rate here is much lower than in consumer advertising. Demand for advertising services is growing all the time.

New Organizations

Recently, new organizations have appeared in the field of advertising business - specialized agencies, which include:

• Creative workshops are companies providing art services, developing original concepts and catchy materials.
• Firms acquiring advertising time are organizations that redeem and form packages of advertising time on television and radio.

The services of specialized firms are paid either by the established remuneration, or by a percentage of the amount saved by the client.

List of advertising services

Advertising agencies, uniting a group of creative people who are professionally engaged in the same business with common interests and goals, are created in each city and provide various kinds of advertising services. The variety of the latter makes it possible for the most profitable type of advertising needed in each case for a particular product.

The main types of advertising are as follows:

• Advertising in the field of television and radio broadcasting: broadcasting of commercials on television occurs during a break between broadcasts, it is considered very promising; On radio, advertisements are heard at any time on popular radio stations, and many people will hear them.
• Outdoor advertising - presented in the form of posters fixed on billboards specially designed for this purpose, in crowded places and along roads. You can even draw up a contract for the provision of advertising services on the Internet.
• Advertising in public transport also covers a significant number of potential customers. We use special posters and stickers placed in the salons of trolleybuses, buses, subway cars, etc.
• Distribution of leaflets in crowded places.
• Conducting promotional promotions with the presentation of products directly in the place where they are sold. It can be accompanied by tasting, holding various lotteries, contests, distribution of prizes with the company logo.
• Corporate events with product displays; also includes a trade conference.

Each type of advertising is carried out only after agreement with the customer, his requirements and wishes, as well as after a detailed plan for the thorough preparation of the upcoming campaign is developed.

So, we reviewed the contract for the provision of advertising services.