Terms & Conditions - Advertisers
WE URGE YOU TO READ THROUGH THESE TERMS AND CONDITIONS BEFORE YOU CLICK THE "ACCEPT" ICON. THIS IS BECAUSE THE CONDITIONS SHALL APPLY TO ANY CONTRACT BETWEEN YOU (THE ADVERTISER) AND GET ME INSIGHT LIMITED. WE WANT YOU TO FEEL CONFIDENT IN ACCEPTING OUR OFFER TO SUPPLY THE SERVICES. IF YOU HAVE ANY QUESTIONS OR QUERIES RELATING TO ANY OF THE CONDITIONS, PLEASE FEEL FREE TO CONTACT US BEFORE YOU ENTER INTO THE CONTRACT.
In these Conditions the following words shall have the following meanings:
"Acceptance Email" an email from you to us within 7 days of the date of the Quotation Email notifying your acceptance of the quote contained within the Quotation Email and these Conditions;
"Advertisement" the Advertisement referred to in the Advertiser's Enquiry Form which is to be placed on the Website by us pursuant to the Contract;
"Advertiser" the person(s), firm or company specified as such in the Advertiser's Enquiry Form;
"Advertiser's Enquiry Form" the standard enquiry form on the Website into which the Advertiser is required to input information relating to the Advertiser and the Advertisement with a view to obtaining a quote for the Services;
"Conditions" these terms and conditions including (where the context permits) the User Terms and Conditions;
"Contract" the legally binding agreement between you and us for the supply by us of the Services of which these Conditions, the Quotation Email and the Acceptance Email comprise;
"Fee" the fee for the Services detailed in the Quotation Email payable to us by you pursuant to clause 5 of these Conditions;
"parties" you and us and our respective successors and "party" shall be construed accordingly;
"Quotation Email" the email from us to you containing our quote for the Services to which these Conditions are appended;
"Services" the advertising services to be provided by us to you under the Contract, as detailed in the Quotation Email and in these Conditions;
"us" and "we" Get Me Insight Limited (company number 09951323) whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ;
"User Terms and Conditions" the terms and conditions of use relating to the Website which all users of the Website (including the Advertiser) are required to accept by clicking the button "As a user of the Get Me Media website, I confirm that I have read and accept the User Terms and Conditions" on the index page of the Website;
"Website" the internet website the index page of which is located at the URL http://www.getmemedia.com. "you" and "your" the Advertiser;
Application of these Conditions
- These Conditions will govern the Contract and will prevail over any terms put forward by you, unless we expressly agree to them in writing. No conduct by us, our employees, agents or sub-contractors shall be deemed to constitute acceptance of any terms put forward by you.
Formation of contract
- The information on the Website is an invitation to you to decide whether you wish to make an enquiry about and/or request a quote for the Services from us and does not constitute an offer to you.
- By sending us a completed Advertiser's Enquiry form you are making an enquiry about the Services.
- By sending you a Quotation Email we are offering to enter into a legally binding contract with you for the supply of the Services, subject to these Conditions.
- Once you accept our offer, by sending us an Acceptance Email, both parties will have entered into the Contract.
- The Contract begins and ends on the dates set out in the Quotation Email.
- If you do not have an account with us, you agree to pay the full amount of the Fee in advance.
- Where you have an account with us, you agree to pay us the Fee within 14 days from the date of our invoice for the same. If payment is not received within this period, we reserve the right to:
- Remove the Advertisement from our Website;
- charge interest on any sum that is not paid on or before the due date at five per cent (5%) above the base rate from time to time of Barclays Bank plc from the due date until the payment is received. Such interest will accrue from day to day and will be due both up to but also after any court judgement relating to such monies.
- Payment is to be made in pounds sterling and is liable to VAT at the standard rate.
- We operate the Website. The Website contains advertisements linked to third-party websites. The advertisements include graphics and text and include a hyper-text pointer. When the visitor clicks on an advertisement, the visitor is moved from the Website to the site designated by the Advertiser.
- We provide a number of services, as set out below:
- Static display, where your advertisement remains on our Website in a static location as set out in the Advertiser's Enquiry Form.
- Random display, where we display your advertisement in different locations at random.
- A targeted result display, where your advertisement is posted on a specific results page and visitors will be directed to your advertisement when they type in the key words as set out in the Advertiser's Enquiry Form.
- A targeted page display, where your advertisement is posted on a specific page of our Website, as set out in the Advertiser's Enquiry Form.
- Details of the specific service you wish to use, together with the special arrangements for each service (such as the specific location of the advertisement or the key words), are set out in the Quotation Email.
- Where the parties agree the Advertisement will remain on the Website until a minimum number of impressions have been achieved.
- Full details of what is meant by an impression and the minimum number of impressions is set out in the Quotation Email.
- We undertake to:
- Use all reasonable commercial efforts to keep the Website available and to display the Advertisement 24 hours each day during the term as set out in the Quotation Email;
- Maintain a commercially acceptable system of collecting information about the impressions and other data relating to the Advertisement;
- Perform the services under the Contract in a competent manner;
- We do not warrant that we will be able to correct every defect or that the use of the Website, the Advertisement or the hyper-text pointer to the advertised site will be uninterrupted or error-free.
Positioning of Advertisement
- Unless the precise position of the Advertisement is set out in the Quotation Email, we retain the discretion to position the Advertisement on our Website.
Cancelling the Advertisement
- If you wish to cancel the Advertisement, you agree to inform us two weeks before publication of the Advertisement.
- If we are not able to resell the space on the Website relating to the Advertisement, we reserve the right to charge you for loss of any revenue.
- All cancellations of advertisements (including without limitation the Advertisement) must be in writing, either by post, e-mail or facsimile transmission.
- Where you book a run of advertisements at a discount price, we reserve the right to charge you for the balance in price between the full rate and the discount rate.
- We will provide you with a written report once a month showing the information agreed by the parties to be included in such report (as set out in the Quotation Email).
- You have the right to use the data we provide in the report referred to in clause 9.1 for your internal business purposes, but you are not permitted to provide the data to third parties.
- Unless we specify otherwise in the Quotation Email, we do not offer to provide any statistics relating to the number of impressions on the Advertisement.
Renewal of the Advertisement
- We reserve the right to renew your Advertisement, unless we have already offered to renew the Advertisement in the Quotation Email.
Assignment or resale of advertisement space
- You agree not to resell, assign, or transfer any of your rights to advertise on our Website. If you attempt to resell, assign or transfer your rights, the Contract will terminate immediately. No compensation will be payable to you under the terms of this clause.
Altering an advertisement
- Any changes you to wish to make to the Advertisement, must be made in writing to Get Me Insight Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ at least 7 days before the Advertisement is scheduled to be posted on the Website.
- Should you wish to alter the Advertisement during the term of the Contract the number of times the Advertisement can be changed will be set out in the Quotation Email. The level of the Fee will reflect the number of times the Advertisement can be altered during the term of the Contract.
Errors in the Advertisement
- You agree to check the Advertisement when it is posted on the Website for the first time and promptly notify us of any errors in it.
- We accept no liability for any error in the Advertisement on subsequent insertions of the Advertisement on the Website if you fail to comply with clause 15.1.
Providing the advertising materials
- You hereby agree:
- to provide all materials for the Advertisement within the time set out on the Quotation Email;
- that you will transmit the Advertisement in a format that we can use.
- If you fail to ensure that the Advertisement is submitted to us on time and in a format that we can use, we reserve the right to charge you for the extra time we may spend in dealing with your order.
Legality of the advertisement
- You hereby warrant that the Advertisement is legal, decent, honest and truthful and complies with:
- the British Code of Advertising Practice and all other Codes under the general supervision of the Advertising Standards Authority; and
- the requirements of current legislation.
- We reserve the right to refuse, amend, withdraw, cancel or otherwise deal with all advertisements submitted by you to us at our absolute discretion.
Disks supplied by you
- We will accept disks from you containing the material to be advertised.
- We will use our best endeavours to ensure any disk you provide us is not lost or destroyed, subject to clause 18.3 below.
- We cannot accept any responsibility for the loss or destruction of any material, including but not limited to computer disks, provided by you. We therefore strongly recommend that you retain a copy of the disk and any other material you give to us.
Circumstances beyond our control
- There may be times where events beyond our control prevent us from posting the Advertisement on the agreed date and/or occasions that the Website is not available to view for reasons beyond our control.
- Where the Advertisement suffers from down time for reasons set out in clause 19.1 above, we undertake to inform you of any problems that may occur and will retain the Advertisement on the Website for the full length of time set out in the Quotation Email.
- You hereby grant to us a non-exclusive, world-wide licence to use, perform, reproduce, display, transmit, and distribute the advertisement and all the contents contained in the Advertisement in accordance with these Conditions.
- You hereby warrant that all necessary authority and permission has been obtained in respect of the use in the Advertisement of pictorial representations or (or purporting to be of) living persons and of reference to the words attributed to living persons and words which may be the subject of copyright protection.
Indemnity and representations made by you
- You represent and warrant to us that:
- you hold all the necessary rights to permit the use of the Advertisement by us for the purpose of the Contract;
- the information you provide to us, including any trade marks, patent, design, logo, title artwork and any developments or variations provided by you under the Contract, does not and will not contain any material which infringes the copyright, design rights, or any other rights of any third party;
- that the use, reproduction, distribution, transmission or display of the Advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the Advertisement will not: (a) breach the rights of any third parties, or (b) contain any material that is unlawful or otherwise objectionable;
- that you will keep us indemnified from and against all liabilities, claims, demands, causes of action, judgements, legal fees, costs and expenses, proceedings, damages and loss suffered or incurred by us or any third parties (where relevant), arising out of or related to: (a) your breach of any of the foregoing representations and warranties, or (b) any third-party claim arising from the use of or access to the Advertisement under the Contract or any material to which users can link by way of the Advertisement, or any products or services made available to users through the Advertisement under the Contract.
Limitation of liability for direct loss
- Subject to clause 22.3, we shall not be liable for any loss to you, including, but without limitation, loss of business, profits or revenue arising out of the use of, the changed format, layout or design of, the technical malfunction of, or the inability to access the Website, provided that nothing in these Conditions shall limit our liability for death or personal injury of any person resulting from our negligence.
- Our liability to you will not exceed the total value of the Contract, or, where you have agreed to make payments in instalments, the amount you paid to us at the time you made a claim.
- If we fail to publish the Advertisement in accordance with the details on the Quotation Email, or if any other failure occurs, such as a technical or other problem, which prevents the Advertisement appearing as provided in the Quotation Email, our sole liability to you and your only remedy shall be limited to, at our sole discretion, placement of the Advertisement at a later time in a comparable position, or an extension of the time the Advertisement is to be posted on the Website as specified in the Quotation Email.
Exclusion of liability for indirect loss
- With the exception of clause 22, we shall not be liable to you under the Contract for any loss or damage caused by us, our employees, agents or sub-contractors where:
- we, our employees, agents or sub-contractors do not breach a legal duty owed to you;
- any loss or damage is not a reasonably foreseeable consequence of any breach at the time the Contract is formed (such as loss of profit or loss of opportunity).
Reasonableness of limitation and exclusion of liability
- You hereby agree that clauses 22 and 23 are reasonable, reflect the respective financial positions of the parties and that the price agreed reflects the position on liability.
- The parties agree that should one or more clause or sub-clause of the Contract be declared invalid or unenforceable by a Court or other competent authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause will not affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.
Rights of third parties
- The Contract is not intended to benefit or be enforceable by any third parties under the terms of the Contracts (Rights of Third Parties) Act 1999.
Easing the terms of the Contract
- If we decide, temporarily, to relax the enforcement of these Conditions by, for instance, permitting you to have more time to pay the Fee, we may at any time decide to apply the Conditions strictly again.
- This Conditions and the Quotation Email set out the entire terms agreed between the parties relating to Services provided under the Contract and supersede all previous representations, warranties and terms (whether in writing or not) previously made between the parties.
- The Contract is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts.
- Banner advertisements must be supplied in .gif or .jpg format and be 468x60 pixels. No bigger than 100k.