This document sets out the Terms and Conditions that will apply to Advertising on violenceatwork.co.uk.
The Advertiser wishes to advertise their services on the Web Site for 12 months and agrees to provide:
- Advert copy and content
- URL for the advert to link to from the Web Site
- As required, payment in advance of publication of the Advert
ADVERTISING AGREEMENT FORMALISATION
Completion of the Order Form together with payment as required, shall indicate the Advertiser’s preparedness to be bound by the Terms and Conditions as detailed below.
Acceptance of the Order by the Online Publisher shall formalise a contract between the Advertiser and Online Publisher governed by the Terms and Conditions as detailed below.
- “Online Publisher” means Jim O’Dwyer t/a Violence at Work (UK)
- “Web Site” means the Online Publisher’s Web Site violenceatwork.co.uk (and sub-domains)
- “Advert” means the copy and content provided by the Advertiser to the Online Publisher
- “Advertiser” means the entity providing advertisement copy and content
- “Party, Parties” means (in context) either the Advertiser or Online Publisher or both
- “Order Form” means the form created by the Online Publisher to facilitate completion of an order
- “Acceptance” means confirmation in Writing from the Online Publisher of Acceptance of the Order
- “Writing” includes e-mail and other comparable means of communication as well as text on paper
- “The Term” is the period beginning on the date of the Acceptance by the Online Publisher of the Advertiser’s Order and ending 12 months later.
AGREEMENT TERMS AND CONDITIONS
- The Advertiser’s Representations:
The advertiser warrants and represents to the online publisher that they possess the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights and that they will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher on the web site.
The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services..
The advertiser will defend (or settle) at its own expense, any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser’s prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.
- Online Publisher Representations
The online publisher does not guarantee that the web site service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
The online publisher reserves the right to re-design parts of or the entire www.violenceatwork.co.uk web site without prior notice.
- Limitation of Liability
If, for any reason the online publisher fails to publish the advertisement in a manner that meets with the advertiser’s approval, the advertiser’s sole remedy and the online publisher’s entire liability to the advertiser shall be limited at the online publisher’s option to either a refund of the advertising fee or relevant portion thereof.
Payment must be made by cheque (or equivalent), payable in full within 30 days of the date of the invoice issued by the online publisher. In the event of late payment the online publisher reserves the right to remove the advertiser’s advert.
- Alterations / Cancellations / Refunds
At any time during the Term, the Advertiser can submit amended copy content for approval by the Online Publisher who shall not refuse reasonable changes and no additional charges shall apply.
The Advertiser may, at any time during the Term, request removal of the advert and the online publisher must comply without unreasonable delay, however, no refund will be payable.
These Terms and Conditions contain the entire agreement between the Advertiser and Online Publisher relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the Advertiser and Online Publisher in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these Terms and Conditions. Each party confirms that, in agreeing to these Terms and Conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions.
The invalidity, illegality, or unenforceability of any provision of these Terms and Conditions shall not affect or impact the continuation in force of the remainder of these Terms and Conditions. Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions.