thesituation.co.uk  
  Advertising Terms and Conditions      
     
1. Definitions  

1.1 In these Conditions the following words shall have the following meanings:-

"Thesituation.co.uk” refers to the website owned by Accomedia Ltd.

"Accomedia" refers to Accomedia Ltd

"Advertiser" means the party placing an order with Accomedia.Ltd for an Advertisement and includes the Advertiser's advertising agency or media buyer

"Advertisement" means the form of advertising which the Advertiser wishes Accomedia.Ltd to publish on theSituation.co.uk

"These Conditions" means these terms and conditions

"Website" means Thesituation.co.uk

"Item" means any object or set of objects or services which the Advertiser wishes to advertise on the Website

"Services" means the provision of an Advertisement on Thesituation.co.uk

"Sterling" means pounds sterling of the United Kingdom

"Euros" means the lawful currency of the Member States of the European Union that adopt the single currency in accordance with the relevant European Union Treaties

 
     
2. Advertisements  
2.1 All orders submitted by Advertisers will be deemed to be an offer to purchase the Services subject to these Conditions. By submitting an order for an Advertisement the Advertiser agrees to be bound by these Conditions and no contract between Accomedia and the Advertiser will come into effect until Accomedia has issued an order confirmation or a proforma invoice whichever is the earlier. Accomedia will not be bound by any conditions printed or appearing on order blanks or copy instructions stipulated on any order form or elsewhere by the Advertiser.

2.2 All Advertisements are subject to Accomedia's approval before publication and must comply with Accomedia's technical standards and other specification requirements as specified from time to time. Accomedia's technical standards and other specification requirements are available on request. Accomedia reserves the right to make any alteration to an Advertisement it considers necessary or desirable so as to (a) comply with Accomedia's technical standards or other specification requirements; (b) comply with the legal obligations placed on Accomedia or the Advertiser in any jurisdiction, or (c) avoid infringing a third party's rights, the British Code of Advertising Practice or any other code of practices which may apply to the Advertisement in any jurisdiction.

2.3 Accomedia shall have the right to refuse publication of any Advertisement that is linked to a website that contains inappropriate or offensive content.

2.4 The positioning of an Advertisement within the Website or on any webpage is at the sole discretion of Accomedia unless Accomedia has accepted the Advertiser's request for a specific position. The advertisement will be displayed without rotation on thesituation.co.uk as specified on the order page.

2.5 All Advertisements published by Accomedia are published in good faith. The Advertiser shall have the responsibility for checking the accuracy of its Advertisement and must notify Accomedia of any errors immediately the error occurs. Subject to condition 8, Accomedia shall not be liable for any error or repetition of an error in an Advertisement if not notified to it by the Advertiser in accordance with this condition.

2.6 The contract period for the Services will be the period notified to the Advertiser in Accomedia's confirmation of order. Subject to acceptance by Accomedia, the Advertiser may renew any contract period on written request and upon payment of the applicable charges at Accomedia's then current rate.

2.7 All advertising materials must be received by Accomedia not less than 21 clear days prior to the publication date. Changes to artwork or copy must be received by Accomedia at least 21 clear days in advance of the change date requested by the Advertiser. In most instances, changes to the advertisement will not be made unless agreed upon prior to purchase. Accomedia will consider changes to advertisements on a case by case basis and make only those it deems necessary to fulfill this agreement (for example, a change to the advertiser's website url). Failure to grant requested changes does not constitute a breach of this agreement.

2.8 Accomedia shall have no responsibility for forwarding to the Advertiser any enquiries or responses which Accomedia may receive in relation to any Advertisements. However, Accomedia will use all reasonable efforts to forward any it receives as soon as possible after it receives them. Having regard to the fact Accomedia has no responsibility for these matters, Advertiser acknowledges and agrees that Accomedia shall not be liable for any loss, damages or expenses of any nature incurred or suffered by an Advertiser through any delay or failure by Accomedia to forward any enquiries or responses.

2.9 The advertiser should be aware that the service is not exclusive to them and that Accomedia may offer the same service to companies that may be in direct competition with it's own.

 
     
3. Rates  
3.1 The price charged by Accomedia for the Advertisement shall be the rate in effect at the time the order for the Advertisement is received by Accomedia. VAT is included within the price advertised.

3.2 Subject to condition 3.1, Accomedia reserves the right to change its rates at any time. Price changes will be published in a revised Advertisers - Terms and conditions, and Advertisers shall be deemed to have notice of all changes when published.
 
   
4. Payment  
4.1 Listing a DJ profile within the DJ section is charged at £6.00 per month with minimum payment being for six (6) months priced at thirty six pounds (£36.00), and sixty pounds (£60.00) for twelve (12) months.

4.1 Unless otherwise agreed in writing by Accomedia, payment must be received in full (in cash or cleared funds) before the Advertisement is published.

4.2 Unless otherwise agreed in writing by Accomedia, Accomedia will only accept payment by one of the following methods: (a) Bank Transfer - The paying party should contact Accomedia for its banking details if it wishes to pay by bank transfer (see contact details on Accomedia's confirmation of order). (b) Bank Drafts - Bank Drafts must be in Sterling made payable to "Accomedia Limited". (c) Cheques - Cheques will only be accepted if drawn on a UK bank unless otherwise agreed by Accomedia. Cheques should be made payable to "Accomedia Limited".

4.3 Payment may be made in Euros if agreed by Accomedia at the time Accomedia issues its confirmation of order to the Advertiser.

4.4 Accomedia shall have the right to hold an advertiser and its agency and/or agent jointly and severally liable for any sums due and payable in relation to an Advertisement.

 
     
5. Advertiser's Warranties  
5.1 The Advertiser warrants to Accomedia that: (a) all information provided by the Advertiser in connection with the Advertisement is accurate, complete and true; (b) all advertising copy submitted to Accomedia is legal, decent, honest and truthful; (c) any visual representations (whether photographs, illustrations or digital images) of any Item supplied by the Advertiser to Accomedia for the Advertisement are true accurate and complete representations of that item; (c) unless the Advertiser advises Accomedia in writing to the contrary at the time the Advertisement is submitted toAccomedia, there are no copyright or other legal restrictions relating to the reproduction or publication of the Advertisement or on Accomedia's rights to reproduce any visual representations supplied by the Advertiser; (d) the provision of the Services by Accomedia or the reproduction and/or publication of the Advertisement will not contravene or breach any arrangements between the Advertiser and any third party and will not infringe or violate any copyright, trademark or any other personal or proprietary right of any third party or make Accomedia liable to any proceedings whatsoever; (e) if the materials supplied by the Advertiser for the Advertisement includes the name or pictorial representation (photographic or otherwise) of any living person and/or any part of a living person or any thing by which any living person can be identified the Advertiser has obtained the authority of such living person to make use of such name or representation; (f) the Advertisement complies with the requirements of all relevant legislation for the time being in force or applicable in the United Kingdom and in the jurisdiction where the Advertiser has its principal place of business and/or is registered; and (g) the Advertiser contracts with Accomedia hereunder as principal notwithstanding that the Advertiser may be acting directly or indirectly for a third party.

5.2 The Advertiser indemnifies Accomedia, its officers, employees and agents against any loss, damages, costs or expenses resulting from any breach of any of the Advertisers warranties in this condition 5.

 
     
6. Rights in Materials  
6.1 The Advertiser grants Accomedia a licence to use and reproduce for the purpose of the Advertisement any written materials, photographs, illustrations, digital images or other material (the "Materials") provided to Accomedia by or on behalf of the Advertiser.

6.2 Accomedia will own the copyright in all Materials created or produced by or for Accomedia relating to an Advertisement whether or not published by Accomedia.

6.3 Accomedia will not return any Materials supplied to it by or on behalf of an Advertiser unless otherwise agreed by Accomedia in writing.

6.4 Whilst Accomedia will endeavour to take reasonable care of all Materials belonging to the Advertiser, Accomedia shall not be liable for any loss or damage to any materials supplied to it by an Advertiser.

6.5 Except for materials produced by the Advertiser, (as between Accomedia and the Advertiser) all design, text, graphics and all software compilations and underlying source codes relating to the Website belong to Accomedia or its licensors. ALL RIGHTS RESERVED.

 
     
7. Accomedia's Obligations  
7.1 Subject to these Conditions, Accomedia shall publish the Advertisement in accordance with Accomedia's order confirmation to the Advertiser.

7.2 Accomedia has the right at its discretion to decline to publish or to omit or suspend any Advertisement at any time, subject to the provisions set out in this condition 7.

7.3 Except where the Advertiser is in breach of or in non-compliance with these Conditions and except where conditions 7.7 or 9.1 apply, if Accomedia declines to publish or permanently omits to publish any Advertisement, then in addition to the Advertiser's right to cancel as provided in condition 9.3, Accomedia shall be liable to refund the Advertiser an amount equal to one and a half times the price paid for the Advertisement and Accomedia shall have no further liability to the Advertiser for any other amounts or sums of whatever nature in connection with the Services.

7.4 If Accomedia suspends an Advertisement for reasons which are not due to the Advertiser's fault or breach of these Conditions (and other than under condition 7.7), then the Advertiser shall be entitled to have the contract period extended to cover the time during which the Advertisement was suspended and Accomedia shall have no further liability to the Advertiser.

7.5 If Accomedia declines to publish any Advertisement or suspends or omits to publish because the Advertiser is in breach of these Conditions or the Materials provided by the Advertiser do not comply with Accomedia's technical standards or specification requirements, without prejudice to Accomedia's rights to claim compensation for any loss, damages, costs or expenses that it incurs or suffers, Accomedia may cancel the Advertisement at its discretion and shall be entitled to retain (a) a prorata amount of the sum paid by the Advertiser if the Advertisement has been published or (b) if the Advertisement has not been published a sum equal to 20% of the total cost invoiced to the Advertiser in order to cover Accomedia's administrative costs, together with an amount sufficient to cover the actual cost to Accomedia of any third party goods or services that Accomedia obtained in connection with the Advertisement in question.

7.6 Having regard to the various factors outside of Accomedia's control, such as the performance of the ISP (Internet Service Provider) and the telecommunications systems which may affect the availability of the Website and also considering that the Website may also be unavailable for maintenance and upgrades to be carried out, Accomedia cannot guarantee that the Advertisement will be accessible on an uninterrupted basis and only commits to ensuring the availability of the Website for 98% of the time in any given month.

7.7. If the availability of the Website falls below the 98% service level mentioned in condition 7.6 above, subject also to the Advertiser's right to cancel the Advertisement under condition 9.3, the Advertiser shall be entitled to be paid by way of liquidated damages an amount equal to one and a half times the price paid to Accomedia pro rata to the number of days which the Website fell below the 98% level in any given month.

 
     
8. Limitation of Liability  
8.1 Accomedia shall not be liable for any loss or damage caused to or suffered by an Advertiser arising in connection with the Services except as and to the extent expressly provided for in these Conditions.

8.2 Accomedia's liability under these Conditions shall not extend to (a) any indirect or consequential costs or expenses suffered by the Advertiser including (but not limited to) loss of anticipated profits, goodwill reputation, business receipts or contracts or losses and expenses resulting from third party claims or (b) any economic losses arising from the commission of any tort.

8.3 Subject to Condition 8.4, Accomedia's maximum liability to the Advertiser in connection with the Services however arising including Accomedia liability for negligence and all other torts shall be limited to an amount equal to one and half times the price paid by the Advertiser to Accomedia.

8.4 Nothing in these Conditions shall exclude or restrict any liability of Accomedia for death or personal injury caused by negligence or for fraudulent misrepresentation.

 
     
9. Cancellation  
9.1 If Accomedia is unable to keep the Website live for a period of 30 consecutive days (for reasons beyond its reasonable control), then Accomedia shall have the right to cancel the Advertisement on immediate written notice and the Advertiser shall be entitled to a refund of any sums paid by it to Accomedia for Services that would otherwise have been provided by Accomedia after the cancellation date and Accomedia shall have no further liability to the Advertiser of whatever nature.

9.2 Without prejudice to Accomedia's rights to claim damages and expenses and/or to recover any sums due from the Advertiser, Accomedia may immediately cancel the Advertisement if the Advertiser should fail to pay any sums due to Accomedia on their due date.

9.3 The Advertiser may cancel the Advertisement upon written notice (a) if Accomedia fails to provide the Services under the circumstances described in condition 7.7 in any two consecutive months or (b) if Accomedia declines to publish or permanently omits to publish an Advertisement under the circumstances described in condition 7.3.

9.4 Accomedia shall be entitled to cancel an Advertisement with written notice to the Advertiser under the circumstances described in condtion 7.5.

9.5 Ads that are scheduled for specific time periods (banner ads and paid listings) may be cancelled and refunded in full if the cancellation is requested at least 14 days before the scheduled time. No refund shall be granted after the ad has been displayed. Refunds will be made via cheque.
 
     
10. Password Access  
In the event that Accomedia agrees to allocate to the Advertiser a password for accessing any of its advertisements, the password may be altered by Accomedia from time to time upon reasonable notice being given to the Advertiser. While Accomedia agrees to use all reasonable efforts to keep any such password confidential, Accomedia accepts no responsibility or liability in respect of any loss or damage which may be suffered by the Advertiser and arising through the use of the password by any unauthorised party.

 

 
   
11. General  
11.1 No delay or forbearance on the part of either Accomedia or the Advertiser in enforcing any term of these Conditions shall be or be deemed to be a waiver of their respective rights.

11.2 In the event that any provisions of these Conditions shall be determined by invalid, unlawful or unenforceable, such condition or provision shall be severed from the remaining conditions or provisions which shall continue to be valid.

11.3 In the event of any conflict between these Conditions and either any other arrangements between Accomedia and the Advertiser relating to the Services or any matter set out in Accomedia's Rate Card, the terms set out in these Conditions shall prevail. No addition to or modification of any provision of these Conditions shall be binding on the parties unless made in writing signed by the authorised representatives of both Accomedia and the Advertiser.

11.4 These Conditions may be varied or replaced by Accomedia in their entirety from time to time. Copies of the revised or new terms will be posted on the Website and Advertisers will be deemed to have notice of any revised or new terms upon publication. Accomedia encourage the Advertiser to review the terms and conditions each time it purchases advertising.

11.5 Neither Accomedia nor the Advertiser shall be liable for any delay in performing or failure to perform any of its obligations (other than a payment obligation) under these Conditions due to any matter constituting force majeure including without limitation outbreak of war, any government act, political interference, explosion, accident, riot, industrial dispute or any matter reasonably outside their control.

11.6 The Advertiser shall not be entitled to assign or otherwise transfer any of its rights or obligations under these Conditions whether in whole or in part without the prior written consent of Accomedia.

11.7 These Conditions shall be governed and construed in accordance with English Law and the Advertiser agrees to submit to the exclusive jurisdiction of the courts of England and Wales.

11.8 If the Advertiser is located outside of the United Kingdom, the Advertiser agrees to irrevocably appoint an agent for service of any process in England immediately upon receipt of a request from Accomedia to do so.

 
   
Contact  
If you have any questions, please email onsitepromotion@thesituatuion.co.uk before purchasing your advertising.  


 
       
 
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