Standard Terms and Conditions for Advertisers and Sponsors
CREDIT CONNECT MEDIA LIMITED STANDARD TERMS & CONDITIONS FOR ADVERTISERS & SPONSORS
- In these Terms:- “Advertisement” means any advertising materials supplied or entered by or on behalf of the Client in any format in the form intended for publication/website by Credit Connect and shall include without limitation all advertisements, supplements, inserts, and ad banners; “Advertiser” means the Agency or the Client if a Booking is made by the Client direct; “Agency” means the person, firm, or company engaged by the Client to select and purchase advertising space on its behalf and includes its successors in title and assigns; “Booking” means all booking of advertisements; “Client” means the person, firm or company wishing to advertise products and/or services in the Publication or on the Website and includes its successor in title and assigns; “Code” means any user name, password or other identifier provided by Credit Connect to Advertiser to enable Advertiser to enter Advertisements directly o to a Website; “Copy Deadline” means the date and time by which the Advertisement must be submitted to Credit Connect as stated by Credit Connect “Directory” means a printed directory, guide, handbook or other publication/website issued annually by Credit Connect ; “Publication” means a website/website/magazine or any other printed publication/website not being a Directory issued by Credit Connect ; “Publication Date” means the date on which the Publication or Directory is made available for general circulation or when the Advertisement is made available to users on the Website; “Credit Connect” means Credit Connect Media Ltd of 20-22 Wenlock Road, London N1 7GU; “Terms” means these Terms & Conditions; “Website” means a website owned or managed by Credit Connect. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa.
- Subject to clause.
- Any Booking made by Advertiser will be on these Terms. By making a Booking Advertiser accepts in full these Terms in respect of the Booking and in respect of any further Booking made by the Client and/or Agency. These Terms shall apply to all Bookings made by telephone, letter, facsimile, e-mail, through the internet or any other means.
3.1 These Terms are an invitation to treat and as such do not constitute a binding offer to enter into a contract. Any Booking made by Advertiser will upon receipt by Advertiser of Credit Connect’s written acceptance of the Booking create a binding contract between Credit Connect and Advertiser.
- In no circumstance does the placing of any Booking convey the right to renew on similar terms.
- An Agency will be jointly and severally liable with its Client for the Client’s liabilities under these Terms.
- Advertiser shall deliver the Advertisement to arrive at Credit Connect by the Copy Deadline, in any format that conforms to Credit Connect’s requirements as notified by Credit Connect to Advertiser. Credit Connect reserves the right to charge for production work and any other additional work that Credit Connect may be required to undertake. Credit Connect may in exceptional cases and at its own discretion accept Bookings and Advertisements after the Copy Deadline. Such acceptance shall not impose any obligation whatsoever on Credit Connect to accept any other Booking or Advertisement after the Copy Deadline.
- In the event of any Advertisement not being received by the Copy Deadline, Credit Connect reserves the right to repeat the copy last used. In such event Credit Connect shall not be responsible for making any changes in that copy, unless these are confirmed in writing and in time for the changes to be made. Credit Connect reserves the right to charge for any additional expense involved in such changes.
- Credit Connect shall be entitled to amend, edit, withdraw, take down or otherwise deal with any Advertisement at its absolute discretion and without giving prior notice.
- At Credit Connect’s discretion payments may be subject to a deduction for advertising agency commission at the rate agreed between the Client and the Agency up to 10% of the relevant invoice. Save for such commission there shall be no deductions or withholdings whatsoever. All sums shall be paid together with any VAT or other sales tax applicable.
- Advertiser shall pay all invoices within 30 days of the date of the invoice. All sums shall be paid together with any VAT or other sales tax applicable.
- Debt recovery costs and interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due to the maximum extent permitted by The Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debt Regulations 2002 as amended, extended, consolidated or replaced from time to time.
- In the event of late payment, Credit Connect reserves the right to waive any agreed discounts.
- Credit Connect shall be entitled to cancel any Booking without incurring any liability to Advertiser.
- In the event that Advertiser wishes to cancel any Booking it shall notify Credit Connect in writing.
- Where Advertiser cancels a Booking Credit Connect shall be entitled to compensation of 100% of the total value of the advertisement space of the cancelled Advertisement where notice of cancellation is received by Credit Connect: a) for a Directory less than four months; b) for any other Advertisement in a Publication less than eight weeks; c) for a Website less than twomonth; before the Publication Date.
- Subject to clause.
- In the event that Advertiser terminates, cancels or fails to fulfil its obligations under a contract in which Credit Connect and Advertiser have agreed a time period in which Advertiser shall book an agreed number of advertisements at rates notified by Credit Connect, Advertiser loses the right to a series discount to which it may have been entitled. In such event, Advertiser shall pay to Credit Connect a sum in respect of each of the advertisements placed, such sum representing the difference between the rate agreed under the said contract and the rate that is applicable for the number of advertisements actually placed, such rate to be notified by Credit Connect to Advertiser.17.1 Credit Connect reserves the right to increase the advertisement rates as notified by Credit Connect to Advertiser or to amend any terms agreed between the parties as to space for the Advertisement. In such event Advertiser has the option of cancelling the Booking without incurring a cancellation fee.
- Advertiser undertakes to keep any Code strictly confidential and to notify Credit Connect immediately in the event that any Code becomes known to a third party.
- Advertiser is solely responsible for any liability arising out of publication/website of the Advertisement including an Advertisement submitted using Code without Advertiser’s knowledge or control or relating to any material to which Website users can link though the Advertisement.
- Advertiser represents and warrants to Credit Connect that the Advertisement and any link comply with all advertising standards, applicable laws and other regulations; that it holds the necessary rights to permit the publication/website and use of the Advertisement by Credit Connect for the purpose of these Terms; and that the use, reproduction, distribution or transmission of the Advertisement will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, patent, trade mark, trade secret, or other proprietary right, false advertising, unfair competition, defamation, obscenity, piracy, invasion of privacy or rights of celebrity, infringement of any discrimination law, securities law or regulation, or of any other right of any person or entity.
- Advertiser agrees to indemnify Credit Connect and hold it harmless from any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses that may be incurred by Credit Connect arising out of or related to a breach or any of these representations and warranties.
- To the full extent permitted by law, Credit Connect will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Advertisement or any advertisement submitted using Advertiser’s Code without Advertiser’s knowledge or control or these Terms or any error in the Advertisement or lack of access to or availability of a Website or failure of the Advertisement to appear from any cause whatsoever. Credit Connect will not be liable for any error in the published Advertisement nor its failure to appear at a specified time or in any specific position.
- Advertiser grants to Credit Connect the royalty-free right and licence to use, reproduce, publish, store, distribute and display the Advertisement worldwide in accordance with these Terms. No rights in the Advertisement shall transfer to Credit Connect under these Terms.
- Advertiser acknowledges and allows that data submitted by Advertiser in connection with a Booking may be used for the purposes of updating details of Advertiser on Credit Connect’s databases and of compiling statistical information on Advertiser.
- Credit Connect reserves the right to destroy all material that has been in its custody for one year provided that Advertiser has not given instructions to the contrary. Credit Connect may exercise his right under this clause without giving further notice to Advertiser.
- Credit Connect shall have the right to terminate any agreement between Credit Connect and Advertiser to which these Terms apply by notice to Advertiser if Advertiser either: a) fails to make any payment due to Credit Connect by the due date and such failure continues for 15 days after the due date; or b) is in breach of any warranty or fails to comply with any of its material obligations under any agreement between the parties or these Terms and in either case does not remedy the same (if capable of being remedied) within 30 days of receipt of notice in writing from Credit Connect specifying the breach or failure and calling for the same to be remedied; or c) compounds or makes arrangements with its creditors or becomes insolvent or if any order is made or resolution passed for its liquidation, winding up or dissolution or if a receiver or manager or administrative receiver or administrator is appointed over the whole or a substantial part of its assets or of anything analogous to or having substantially similar effect of any such events shall occur under the laws of any applicable jurisdiction; or d) is unable to perform any of its obligations in circumstances set out in cl.
26. below for a continuous period of not less than 56 days.
- Neither party shall be liable to the other in respect of any non performance of its obligations by reason of any act of God, civil war or strife, act of foreign enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation, industrial action, trade dispute, lock-out, riot or any other cause beyond their respective control provided always that in any such event the duration of the agreement between the parties shall be extended over which such event continues, but otherwise such event will not affect any obligation of Advertiser to purchase any number of advertising spots between Advertiser and Credit Connect.
- The rights and conditions set out in these Terms shall not be assigned by Advertiser without Credit Connect’s prior written consent.
- Any notice or other information to be given by either party under these Terms shall be made by first class prepaid mail, facsimile transmission to the address above or to an e-mail address supplied by Credit Connect for the purpose for Credit Connect, and to the address or electronic e-mail address supplied by Advertiser to Credit Connect, and shall be deemed to have been communicated upon the date of actual delivery.
- No waiver or any breach of any of these Terms shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
- No term or provision in these Terms shall be varied or modified unless agreed in writing and signed by the parties.
- These Terms together with any other document incorporating these Terms shall constitute the entire agreement and understanding between the parties in relation to its subject matter. The parties acknowledge and agree that they have not relied on and shall have no right of action in respect of any representation, warranty or promise in relation to such subject matter unless expressly set out in this agreement save for such representation, warranty or promises made fraudulently.
- These Terms or any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Court