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thesituation.co.uk |
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Advertising
Terms and Conditions |
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1. Definitions |
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| 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
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| 2.
Advertisements |
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| 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.
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| 3.
Rates |
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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.
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| 4.
Payment |
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| 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.
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| 5.
Advertiser's Warranties |
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| 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.
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| 6.
Rights in Materials |
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| 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.
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| 7.
Accomedia's Obligations |
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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.
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| 8.
Limitation of Liability |
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| 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.
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| 9.
Cancellation |
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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.
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| 10.
Password Access |
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| 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. |
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| 11.
General |
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| 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.
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| Contact |
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| If
you have any questions, please email onsitepromotion@thesituatuion.co.uk
before purchasing your advertising. |
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