2.1 Unless an on-line date is specified
by the Advertiser on the Web-Add order, which cannot be less that
the Web-Add publisher‘s on-line date, the Web-Add publisher’s on-line
date is never less than 5 working days after receipt of payment into
the Web-Add publisher’s bank account.
2.2 The Advertiser purchases
a single Web-Add one month at a time.
2.3 The particular Web-Add allocated
to the advertiser is allocated at the sole discretion of the Web-Add
publisher.
2.4 All Web-Add advertisers are required to complete a Web-Add
order form.
2.5 The physical Web-Add layout that best fit’s the advertisers
Web-Add content will be utilised by the Web-Add publisher. If none
is available a suitable alternative will be offered to the advertiser.
2.6
By default, the advertiser’s company logo will be placed in the Web-Add
purchased by the advertiser.
2.7 The Web-Add publisher does not provide
any guaranteed with regard to the click-through rate to a Web-Add,
as this is subject to and may be limited by the general customer appeal
of the products or services advertised by the Advertiser.
2.8 Due to
the limited space available, the individual web-adds will be allocated
on a "first come first serve" basis.
2.9 Advertisers already allocated
a Web-Add will have 1st priority over any new Web-Add advertisers
2)
Terms of payment
2.1 Payment for 1st months advertising; Advertisers
will be asked to submit payment together with Web-Add order.
2.2 Payment
for subsequent months advertising; A reminder and invoice for one
months continued advertising will be send to the Advertiser 14 days
after the renewal date. Payment shall be made in full to the Web-Add
publisher no later than one month from the previous renewal date.
2.3
All payments to the Web-Add publisher hereunder shall be made in sterling
and shall be inclusive of any VAT chargeable thereon.
2.4 In the event
of any failure by the advertiser to make payment, the Web-Add publisher
reserves the right to suspend the advertisers information posted on
the Web-Add publisher’s website and sell the advertiser’s Web-Add
to another advertiser.
3) Acceptance of advertising
3.1 Acceptance of
advertising is subject to a) space availability upon receipt of signed
Web-Add order; b) Advertiser’s products and services being in line
with the aims and objectives of the Web-Add publisher’s social objectives.
4)
Advertisers Representations:
The advertiser warrants and represents
to the Web-Add publisher that:
4.1 it has the right to publish the
contents of the Web-Add, without infringement of any rights of any
third party including, without limitation, intellectual property rights;
4.2 it has complied with the codes of practice issued by the Advertising
Standards Authority in respect of electronic and on-line advertising
and all other relevant industry codes of practice;
4.3 it will be
fully responsible for the terms (including, without limitation, product
description, price and compliance with all applicable laws and regulations)
of any contract for the sale of goods or services to customers who
have seen the advert displayed by the Web-Add publisher.
4.4 The advertiser
agrees to indemnify the Web-Add publisher forthwith on demand and
hold the Web-Add publisher harmless against any and all expenses,
damages and losses of any kind (including reasonable legal fees and
costs) incurred by the Web-Add publisher in connection with any claims,
actual or threatened, of any kind (including, without limitation,
breach of contract, any claim of trademark or copyright infringement,
libel, defamation, breach of confidentiality, false or misleading
advertising or sales practices) arising from the Web-Add and/or any
material of the advertiser to which users can link through the Web-Add
and any other contract entered into for the purchase of the advertised
goods or services.
4.5 The advertiser will defend or settle at its
own expense any action or other proceedings brought against the Web-Add
publisher that relates to the Web-Add and/or any material of the advertiser
to which users can link through the Web-Add. The Web-Add publisher
shall notify the advertiser promptly of any such claim and shall permit
the advertiser to assume and control the defence of such action with
Counsel chosen by the advertiser (who shall be reasonably acceptable
to the Web-Add publisher) and shall not enter into any settlement
or compromise of any such claim without the advertiser's prior written
consent. The advertiser shall pay any and all proper costs, damages
and expenses (including but not limited to reasonable legal fees and
costs) awarded against or incurred by the Web-Add publisher in any
such action or proceedings.
4.6 The Web-Add publisher reserves the
right to re-design parts of or the entire website as detailed in the
insertion order and to re-position advertising and sponsorship accordingly
without prior notice.
4.7 The practice of deep linking may be necessary,
thus enabling visitors to by-pass your home page to visit specific
areas of your website directly.
4.8 Optimised web pages containing
your company name and information may be submitted to search engines
at the expense of the Web-Add publisher.
4.9 The Web-Add publisher
may create an Web-Add on behalf of the advertiser if material is not
received by the agreed deadline.
4.10 Cancellation Policy: After a Web-Add
has started it will run one month as per the Web-Add order form. The
advertise may request in writing that the Web-Add is stopped at any
time. If this occurs, no communication will be entered into by the
Web-Add publisher about a full or partial refund and no refund will
be paid to the advertiser under any circumstances.
4.11 All contents
of Web-Add is subject to Web-Add publisher's approval. The Web-Add
publisher reserves the right to reject or cancel any Web-Add any time,
or remove any Web-Add from the Web-Add publishers website or reject
any URL link embodied within any Web-Add content.
4.12 The Web-Add publisher
will notify the advertiser by email that their Web-Add has been added
to the website and the on-line date for the Web-Add.
4.13 The one month
duration purchased by the advertiser will begin from notification
by the Web-Add publisher.
4.14 The advertiser must notify the Web-Add
publisher as soon as is reasonable by email of any inaccuracy or changes
that need to be made.
4.15 The content of all ads incorporating data
provided by a third party is not subject to the advertiser's prior
approval but no warranty is given by the Web-Add publisher with relation
to the accuracy of such Web-Adds. The Web-Add publisher does not undertake
to review the contents of any Web-Adds and any such review of, and
approval by, the Web-Add publisher shall not be deemed to constitute
an acceptance by the Web-Add publisher that such Web-Add is provided
in accordance with the terms of the Agreement, nor shall it constitute
a waiver of the Web-Add publisher's rights hereunder. The Web-Add
publisher makes no warranty, express or implied, as to the accuracy
of any advert. In the event that any advert is inaccurate, the advertiser's
sole remedy is for the Web-Add publisher to remedy such inaccuracy
within 2 working days of it being notified of the inaccuracy by the
advertiser.
5) Limitation of Liability
5.1 The Web-Add publisher will
not be liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent or negligent
misrepresentations) or otherwise out of or in connection with these
terms and conditions for:
any economic losses (including without limitation
loss of revenues, profits, contracts, business or anticipated savings);
or
any loss of goodwill or reputation; or
any special or indirect
or consequential losses;
In any case whether or not such losses were
within the contemplation of either party at the date on which the
event giving rise to the loss occurred, suffered or incurred by a
party arising out of or in connection with the provisions of any matter
under these terms and conditions. In particular, and without limitation,
the advertiser acknowledges that the Web-Add publisher will not be
liable for such losses whether arising from a failure to publish a
Web-Add, or from the inaccuracy of any data contained in any Web-Add
(whether such inaccuracy arises from any action, or failure to act,
of the Web-Add publisher, the advertiser or a third party).
5.2 Nothing
in these terms and conditions shall exclude or limit the Web-Add publisher's
liability for death or personal injury resulting from its negligence
or that of its servants, agents or employees.
5.3 Subject to the
above, the liability of the Web-Add publisher in contract, tort, negligence,
pre-contract or other representations or otherwise arising out of
or in connection with these terms and conditions or the performance
or observance of its obligations under these terms and conditions,
and every applicable part of them shall be limited to the amendment
of any inaccurate data in accordance with Section 9 above or in the
event that the Web-Add publisher fails to electronically publish an
Web-Add, the advertiser's sole remedy and the Web-Add publisher's
entire liability to the advertiser shall be limited at the Web-Add
publisher's option to either a refund of the advertising fee or relevant
portion thereof, or placement of the Web-Add at a later time in a
comparable position.
5.4 The advertiser acknowledges that any website
on which an advert is displayed is provided on an "as is" and "as
available" basis without any representation or endorsement. The Web-Add
publisher makes no warranties of any kind, whether express or implied,
in relation to such website, including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or
completeness, or any implied warranty arising from course of dealing
or usage or trade or that the website will meet any requirements or
will be uninterrupted, timely, secure or error-free, that defects
will be corrected, or that the website or the server that makes it
available are free of viruses or bugs or are fully functional, accurate,
or reliable.
5.5 No conditions other than those set forth in the rate
card shall be binding on the Web-Add publisher unless specifically
agreed to in writing by the Web-Add publisher.
5.6 The Web-Add publisher
is not liable for delays in delivery and/or non-delivery in the event
of any situation beyond the control of the Web-Add publisher.
5.7
No conditions other than those set forth in the insertion order or
this shall be binding unless expressly agreed to in writing. In the
event of any inconsistency between the insertion order and this Agreement,
this Agreement shall prevail.
6) Miscellaneous
6.1 These terms and
conditions (as amended from time to time) together with any document
expressly referred to in any of the terms, contains the entire agreement
between the parties relating to the subject matter covered and supersede
any previous agreements, arrangements, undertakings or proposals,
written or verbal, between the parties in relation to such matters.
No verbal explanation or verbal information given by any party shall
alter the interpretation of these terms and conditions. Each party
confirms that, in agreeing to these terms and conditions, it has not
relied on any representation save insofar as the same has expressly
been made a representation in these terms and conditions and agrees
that it shall have no remedy in respect of any misrepresentation which
has not become a term of these terms and conditions save that the
agreement of each party contained in this.
6.2 The invalidity, illegality
or unenforceability of any provision of these terms and conditions
shall not affect or impact the continuation in force of the remainder
of these terms and conditions.
6.3 Nothing in these terms and conditions
shall be construed as creating a partnership or joint venture of any
kind between the parties or as constituting either party as the agent
of the other party for any purpose whatsoever and neither party shall
have the authority or power to bind the other party or to contract
in the name of or create a liability against the other party in any
way or for any purpose.
6.4 These terms and conditions shall be governed
by and construed in accordance with English law and the parties hereby
submit to the non-exclusive jurisdiction of the English courts in
respect of any dispute or matter arising out of or connected with
these terms and conditions.
