Terms and Conditions for Advertising
All advertisement orders are subject to acceptance in writing from the Publisher and are subject to the conditions set out below.
In these Conditions the following terms shall have the following respective meanings:
“Advertiser” shall mean the person placing the order for an Advertisement, whether or not that person is the Advertiser.
“Advertisement” shall include any advertisement that appears on the www.agentwow.co.uk website in electronic form including without limitation to printed form.
“Publisher” shall mean Property Industry Eye Ltd. Registered Office: 73-75 High St, Stevenage, Hertfordshire SG1 3HR
1.Ordering and Deadlines
1.1 An order for placing of an advertisement may be made by instruction in email or other written instruction. An email confirming the booking from the Publisher to the Advertiser is a summary of the contract and agreement for the Advertiser to buy advertising. The acceptance of this order from the Advertiser by the Publisher forms the contract for the advertising.
1.2 All final approved copy must be submitted within 7 days of the confirmed start date of any advertising booked as agreed in the booking confirmation email. Copy must be supplied without application from the Publisher and in the event that the copy is not received within 7 days of the start date, the Publisher reserves the right to refuse publication at its discretion and full payment will be due by the Advertiser whether or not copy has been received by the Publisher and for the avoidance of doubt the Advertiser may not ask for the advertisement to be carried forward
2. Advertising Copy
2.1 The Advertiser must supply to the Publisher any adverts in the format as written in the Publishers rate card. If the Advertiser is in any doubt in regards to the artwork, they must contact the Publisher at firstname.lastname@example.org.
2.2 Artwork and/or photographic materials submitted by the Advertiser are submitted to and used by the Advertiser entirely at the risk of the person by whom, or on whose behalf, they are submitted.
2.3 The Advertiser acknowledges that the copyright in all artwork and/or materials contributed by the Advertiser in connection with the Advertisement is solely the responsibility of the Advertiser.
2.4 The Publisher does not accept any responsibility for the accuracy of reproduction of copy not given to the Advertiser in writing. If Advertising Materials provided by the Advertiser are damaged, not to specification, or otherwise unacceptable, the Publisher will use commercially reasonable efforts to notify the Advertiser within 5 business days of its receipt of such Advertising Materials.
2.5 The Advertiser shall notify the Publisher in writing of any error in a published Advertisement as soon as practicable and in any case within fourteen days of its first publication. Where the Publisher acknowledges its responsibilities for errors in published Advertisements where such errors are not attributable to the act or omission of the Advertiser, the Publishers liability for any error shall be limited to the refund of its charge for the relevant Advertisement or at the Publisher’s discretion, the free repeat publication of the Advertisement or appropriate corrective Advertisement.
2.6 The Publisher reserves the right within its discretion to reject or remove from its Site(s) any Ads where the Advertising Materials or the site to which the Ad is linked do not comply with its Policies, or that in the Publisher’s sole reasonable judgment, do not comply with any applicable law, regulation or other judicial or administrative order. In addition, the Publisher reserves the right within its discretion to reject or remove from its Site(s) any Ads where the Advertising Materials or the site to which the Advert is linked are or may tend to bring disparagement, ridicule, or scorn upon the Publisher or any of its Affiliates. In this instance, the Publisher will make commercially reasonable efforts to acquire mutually acceptable alternative Advertising Materials from Client.
3.1 The Advertiser shall pay the charges for the adverts as set out in the booking confirmation email and will come into effect once the Advertiser agrees to the terms and conditions as set out in this document.
3.2 All payment will be made by the Advertiser (or their agency or representative) to the Publisher by direct debit or in such other manner and form as agreed to in writing. If a series of adverts are booked, the Advertiser agrees to pay the Publisher monthly in advance by direct debit or whatever methods agreed to in writing by the parties.
3.3 Payments by direct debit are collected by the Publisher on the 28th of the month preceding the booking period and any payments made by the Advertiser must be received on or before the 28th of the preceding month, without deduction or set off of whatsoever nature. Adverts will not be published unless payment has been received in accordance with these terms.
3.4 In the event of late payment, the Publisher reserves the right to charge interest on such, compounded daily at the annual rate of 4% over the prevailing base lending rate from time to time of the Publishers bankers from the date when the payment became overdue until the date on which payment is received together with any interest which has accrued. The Publisher reserves the right to suspend any advertisements until the Advertiser pays all past due amounts payable under this Contract.
3.5 In no circumstances does the placing of an order confer the right to renew on similar terms. The Publisher reserves the right to increase the advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event the Advertiser’s had the option of cancellation the balance of the contract without surcharge.
4.1 The Publisher reserves the right without giving notice to the Advertiser to:
a) refuse or cancel any advertisement without giving any reason.
b) to alter, cancel or postpone publication date(s).
In such cases the Publisher will return any money paid by the Advertiser in respect of such advertisements.
4.2 If the Advertiser wishes to cancel the balance of an order, he relinquishes any right to any series discount or other agreed discounts to which he was previously entitled, and must pay for the relevant Advertisements at the single insertion rate set out in the rate card for the number of Advertisements which have appeared when the cancellation takes effect.
4.3 The Advertiser cannot stop order, cancel or transfer unless it is received in writing within 7 days of placing the booking. If cancellations are not sent and received within the 7 days, they will be considered null and void and full payment will still be required.
5.1 Special Positions will be given only if agreed in writing by the Company and at an additional charge. Agreement will be specific to an identified advertiser. No other Advertiser may take the position without the prior written consent of the Company.
6.1 The Publisher makes no guarantee that usage statistics will be equal to any published numbers at any given time. And shall not be liable to any claims related to usage statistics.
6.2 The Publisher is not liable for delays in delivery and/or non-delivery in the event of circumstances beyond control of the Publisher affecting production or delivery in any manner.
7. Limitation on Damages
7.1 The Publisher shall not be liable to the Advertiser under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, for any loss of profit, goodwill, business opportunity, anticipated saving or any type of special, indirect or consequential loss or damage.
7.2 The advertiser agrees to keep indemnified the Publisher from all and any loss, liability, damage to business, awards, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or suffered by the Publisher as a direct or indirect consequence of the Advertiser’s advertisement , content or unlicensed images hosted on the site including (but not limited to) a breach of its obligations under these Terms of Business, negligent or tortuous act, breach of duty, defamation and fraud by the advertiser or any of its employees, agents, partners workers, consultants or contractors or any claim by the Publisher or the End User relating to or in connection with the services.
8.1 Both parties may only assign this agreement, in whole or part, with the other parties written consent. Any attempt to assign this agreement without such consent will be null and void.
9. Force Majeure
9.1 Excluding payment obligations, neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, cyber-attacks/hacks, acts of God, or labour disputes. If the Publisher suffers such a delay or default, the Publisher shall make reasonable efforts within five business days to recommend a substitute transmission for the Advert or time period for the transmission. If no such substitute time period or make good is reasonably acceptable to the advertiser, the Publisher shall allow the advertiser a pro rata reduction in the space.
10. Governing Law
10.1 This agreement will be governed by and construed in accordance with the laws of England and Wales.