1. “The Company” means WhichEV Limited, “The Web Site” means www.www.whichev.net and any sub domains owned by The Company, “The Advertiser” means the company signing the contract and “The Booking” is the signed advertising contract with its specific offer for advertising and promotion on The Web Site. Details on The Booking come from “The Offer” which is made in writing prior to the start date of The Booking. The Offer is valid for five days from time it is sent.
2. These terms shall govern every booking and The Advertiser’s standard conditions of purchase are expressly excluded. No variation of these terms shall have any effect unless expressly agreed in writing within The Booking and signed by both The Company and The Advertiser.
3. The Company reserves the right to refuse, withdraw or otherwise deal with all advertisements without any liability to the advertiser and at The Company’s absolute discretion.
4. Advertisements are subject to the creative/copy being acceptable to The Company and space being available. The Company is not liable for space being unavailable or the copy or creative supplied being unacceptable. The Company is not responsible for any claims made by The Advertiser and The Advertiser agrees to indemnify The Company against any action in respect of any claims made by The Advertiser. Once a date has been agreed for a site skin takeover, that date may only be varied at The Company’s discretion and any request must be given in writing.
5. Every Booking is a separate contract and there shall be no right of set-off between separate advertisements or Bookings or a series of Bookings.
6. Unless specifically agreed in writing and subject to a premium payment, The Company reserves the right to determine the position of each advertisement.
7. The Advertiser is responsible for ensuring that the advertisement (a) does not contravene English Law, (b) conforms to the ASA’s Code of Advertising Practice, (c) is original, not inflammatory and does not infringe the copyright or proprietary rights of any third party and (d) is at all times legal, decent, honest and true.
8. The Advertiser agrees to fully indemnify The Company against any claim whatsoever arising from the publication of the advertisement (including legal and other costs and expenses).
9. The rates to be paid and the dates on which they are due will be written clearly in each advertising contract.
10. The Advertiser can ask The Company to cancel The Booking, but any cancellation will be done solely at the discretion of The Company. The Advertiser shall immediately pay The Company any outstanding sums that may be due. Cancellations are deemed to have been accepted when confirmed in writing by The Company. Any such cancellation will come into effect one month after The Company confirms acceptance in writing.
11. Advertising and creatives must be supplied by The Advertiser without request by The Company prior to the date that The Booking starts. If copy or creatives have not been supplied The Company will at its own discretion repeat previous advertisements or to omit the advertisement if The Company deems that no suitable creative alternative is available. In either case the full cost of the booking is payable.
12. While every care will be taken to ensure the campaign runs smoothly, The Company shall not be liable for errors that occur due to insufficient and/or inaccurate instructions or circumstances beyond The Company’s control.
13. The Company accepts no responsibility for any artwork, creative or copy supplied and reserves the right to delete any supplied artwork, creative or copy supplied.
14. It is The Advertiser’s responsibility to check that advertisements are running as per their written instructions, that all links are correct and to create their own proof of execution in addition to proof of execution that will be preserved by The Company. Any technical issues with advertisements must be flagged by The Advertiser to The Company within 24 hours of the advertisement running.
15. Payment terms are strictly 28 days from the date of the invoice unless otherwise agreed in writing in The Booking. Failure to settle within 28 days will render The Advertiser liable, at The Company’s discretion, to pay interest on the outstanding invoices at 5% of the outstanding amount per month. Should The Advertiser fail to comply with these terms or any other payment terms agreed in writing in The Booking then The Company will be under no obligation to publish any further advertising from The Advertiser.
16. All prices quoted are subject to the relevant government taxes and levies.
17. The various provisions of these terms and conditions are severable and if any of its provisions shall be held to be invalid or unenforceable by any relevant court jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
18. This contract shall be governed and construed in all respects in accordance with UK Law and any disputes will be subject to the jurisdiction of the English Courts.