Advertising Terms And Conditions
1. Acceptance of Advertisements
1.1 These Terms and Conditions (the “Conditions”) apply to all Advertisements submitted to The Car Investor Ltd (the “Publisher”) for web publication
1.2 “Advertisement” means any promotional material provided by or on behalf of the Advertiser
1.3 The “Buyer” is the person placing the order with the Publisher for the publication of the Advertisement who agrees to be bound by these Conditions
1.4 All Advertisements will be charged at the price displayed when the Advertisement order is submitted, exclusive of VAT
1.5 The Buyer must deliver to the Publisher all copy for the Advertisement in accordance with the Publisher’s technical specification
1.6 The Buyer acknowledges and agrees that its obligation to pay for any Advertisement with effect from the date of order
2. The Buyer agrees that:
2.1 the Buyer contracts with the Publisher as principal notwithstanding that the Buyer may be acting for an advertiser;
2.2 where the Buyer is an agency, the Buyer warrants that it is authorised to place the Advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made against the Publisher arising from its publication;
2.3 all copyright material contained in any Advertisement is cleared and paid for;
2.4 no Advertisement infringes any intellectual property rights or other rights, or is defamatory or indecent;
2.5 it has obtained all usage rights for all names and images in the Advertisements;
2.6 all approvals and consents in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000) have been obtained;
2.7 the Advertisement complies with all Applicable Law (which means all UK and international laws and regulations and all applicable industry standards, including those of Ofcom and the ASA);
2.8 the Publisher shall not be liable for the loss of any Advertisement copy;
2.9 any information contained in the Advertisement is accurate, complete and true;
3. The Buyer:
3.1 shall indemnify and keep indemnified the Publisher against all proceedings, claims, demands, damages, costs, expenses and any other liability whatsoever arising as a result of the publication of the Advertisement or from any breach by the Buyer of these Conditions or Applicable Law;
3.2 where the Buyer is an agency the Buyer will indemnify the Publisher against any claim made by its principal(s) against the Publisher for any reason.
4. Notwithstanding Condition 2 above, the Publisher shall be entitled to require the Buyer to amend any Advertisement, or refuse (without notice) to publish any Advertisement in its reasonable discretion.
5. All rights in any material originated by the Publisher shall belong exclusively to the Publisher.
6. The term for which the Buyer shall pay for the Advertisement shall begin on the date scheduled by the Publisher as the first date of publication of the Advertisement and not any delayed or postponed publication date. The Publisher shall provide the Buyer with an invoice for each order or orders, which the Buyer shall pay in cleared funds in advance of the Advertisement’s publication, and the Publisher shall issue a receipt once payment is received. The Publisher may charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on any unpaid amounts on a day to day basis from the date payment falls due until receipt, plus an administration fee of £25.
6.1 All charges are exclusive of Value Added Tax
6.2 The Publisher may, without prejudice to its other rights and remedies, refuse to publish any Advertisement without any liability to the Buyer where the Publisher has not been paid.
6.3 The Buyer shall not set-off any amount against any invoiced amount hereunder.
6.4 The Publisher may withdraw or adjust any discount given to the Buyer for a series of Advertisements if the series is not completed for any reason.
7. The Publisher may at its discretion and without notice to the Buyer at any time:
7.1 decline to publish, or alter, suspend or change the position of any Advertisement;
7.2 destroy any materials which have been in its possession for more than 6 months from the date of their last use unless written instructions have been received from the Buyer to the contrary;
7.3 change charges and technical requirements at any time. Subject to Conditions 8 below, if the Publisher increases the charges prior to publication, the Buyer may
(a) cancel the order without surcharge by providing written notice to the Publisher of such cancellation; or
(b) continue the order at the revised charges.
- The Publisher shall not be bound by a stop order, cancellation or transfer of any Advertisement. The Publisher may treat the fact that the Buyer is deemed unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or any other breach of these Conditions by the Buyer as a cancellation.
- The Publisher shall not be responsible or liable for:
9.1 checking the correctness of the Advertisement;
9.2 any error in the Advertisement;
9.3 the wording of the Advertisement;
9.4 the actual positioning of the Advertisement;
9.5 the technical failure of any electronic publication;
9.6 the Publisher’s acts and omissions caused by anything beyond the Publisher’s reasonable control;
9.7 any failure to comply with its obligations due to the act or omission of any third party, subcontractor or service provider;
10. These Conditions contain the whole agreement between the parties and supersede any prior written or oral agreement between them and the parties confirm that they have not entered into agreement on the basis of any representations that are not expressly incorporated in these Conditions.
11. Nothing in these Conditions shall affect the statutory rights of a Buyer who is a consumer.
12. These Conditions shall be governed by and construed according to English law and the parties submit to the exclusive jurisdiction of the English courts.