Advertising terms and conditions
1. Definitions
2. Order Acceptance
3. Delivery
4. Cancellation, Deletion & Modification
5. Prices
6. Payment Terms
7. Warranty & Guarantee
8. Indemnities and Limits of Liability
Contract
1. Definitions
1.1 ‘GTM’ means Global Technology Media Limited, Unit C4, Chaucer Business Park, Watery Lane, Kemsing, Sevenoaks, Kent, TN2 5NP, or any subsidiary or associated company or associated portal.1.2 'Customer' is the party identified as the Customer in this agreement to whom GTM may agree to supply advertising services in accordance with these terms and conditions.
2. Order Acceptance
2.1 Orders placed with GTM by the Customer for Advertising Services shall constitute an offer to GTM under these terms and conditions, subject to availability of the Advertising Services and to acceptance of the order by GTM’s authorised representative.2.2 Orders are Accepted and Advertising Services supplied subject to these express terms and conditions only. No amendment of these terms and conditions will be valid unless confirmed in writing on or after the date hereof by GTM's authorised signatory.
2.3 It is agreed that these terms and conditions prevail over the Customer's terms and conditions of purchase unless these latter terms and conditions are amended by GTM in writing and signed by GTM's authorised signatory.
2.4 These Advertising Terms and Conditions form part of the acceptance of your order.
3. Delivery
Delivery is deemed to have taken place when the Advertising Services has been published subject to clause 6 below. The Customer must notify GTM within 7 days of the delivery date if the advert has not been published, or if there is any dis-satisfaction with the Advertising Services delivered.4. Cancellation, Deletion & Modification
4.1 If the customer decides to cancel their Advertising Services for any reason, no refund will be made to the customer.4.2 GTM reserves the right to delete any listing without reason, and without refund where either our own terms and conditions have been broken or where any illegal, racist or immoral act has been, or could be committed.
4.3 GTM may modify Advertising Services and any information held on its web sites without notice.
4.4 GTM will not allow competitor brand names within the keywords of banner adverts, sponsored links or listings and reserve the right to delete such words where appropriate.
4.5 There is no limit on how often Advertising Services may be modified by the Customer, but GTM provides no guarantees of how long it may take to effect such changes.
5. Prices
5.1 All prices given by GTM at the time of order will be honoured, Errors & Ommissions Excepted.5.2 All prices are exclusive of Value Added Tax and any similar taxes. All such taxes are payable by the Customer and will be applied in accordance with UK legislation in force at the tax point date.
6. Payment Terms
6.1 Unless expressly agreed by GTM, all premier listing and sponsored link Advertising shall be paid for online via the secure PayPal payment interface following data entry of the advert.6.2 GTM will issue a Pro-Forma invoice when required. On receipt of cleared payment from the Customer, the Advertising Services will be delivered and a VAT Invoice will be raised and dated by GTM.
7. Warranty & Guarantee
7.1 GTM warrants that it has good title to or licence to supply Advertising Services to the Customer.7.2 GTM offers no guarantee as to the effectiveness of Advertising Services purchased, but will endeavour to ensure that reasonable effort is employed to attract visitors to the locations where Advertising Services are displayed.
7.3 GTM offers no guarantee that its websites will be accessible 100% of the time. Websites or individual pages may be modified from time to time meaning they are inaccessible for short periods. Servers that hold the Advertising Services may need to be repaired, modified or backed up on occasion which could result in an interruption or reduction in speed to the service.
8. Indemnities and Limits of Liability
8.1 In no event shall GTM be liable to the Customer for special, indirect or consequential damage including but not limited to loss of profits arising from interruptions to the service as set out in Clause 7.3.8.2 The Customer shall indemnify and defend GTM and its employees in respect of any claims by third parties relating to products and services ordered or purchased from the Customer.
8.3 The customer warrants that they have permission to use the Brand Names, Trading Names, Product Names and any copyrighted text and images that they display in their Advertising Space that they do not own and shall indemnify GTM and its employees in respect of any claims by third parties relating to unauthorised use of the same.
Contract
The headings in this Agreement are for the ease of reference only and shall not affect its interpretation or construction.In the event of any of these terms and conditions or any part of any of them being judged illegal or unenforceable for any reason, the continuation in full force and effect of the remainder of them shall not be prejudiced.
Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) where such delay or failure results from force majeure, act of God, fire, explosion, accident, industrial dispute or any other cause beyond its reasonable control.
Any notices or documents given hereunder by either party to the other must be in writing and may be delivered personally or by registered post and in the case of post will be deemed to have been given 2 working days after the date of posting. Documents or notices shall be delivered or sent to the addresses of the parties of this Agreement or to any other address notified in the normal course of trading in writing by either party to the other for the purpose of receiving documents or notices after the date of this Agreement.
These terms and conditions shall be governed and construed in accordance with English Law.