- “Publisher” means Angel Internet Ltd
- “Website” means Web Retailer at www.webretailer.com
- “Newsletter” means emails that are regular transmitted by Publisher to subscribed members of Website
- “Advertiser” means the advertiser or agency submitting advertising for inclusion in the Website or Newsletter
Advertising Submission, Acceptance and Changes
- All artwork and text must be received at least five business days in advance of the publication start date.
- Publisher will notify Advertiser by email that their advertisement has been added to the Website, or is scheduled for inclusion in the Newsletter
- Publisher must receive changes to artwork or text at least five business days in advance of requested change date.
- Any changes to advertising must be made in writing and acknowledged by Publisher.
- Publisher reserves the right to reject artwork and text for any reason.
- Publisher may edit artwork and text as required for inclusion in the Website or Newsletter.
- Publisher may vary communicated publication dates in the event of unforeseen technical or editorial problems.
Payment and Cancellation
- Unless otherwise agreed in writing, advertising fees are due at least five business days in advance of publication start date.
- If payment is not timely Publisher may immediately terminate the order.
- Publisher will endeavour to serve advertising as agreed with Advertiser but may cease to do so, with a pro-rata refund for undelivered advertising, at any time for any reason without notice.
- In the event that Advertiser pays any amounts due hereunder with a credit card or via an electronic payment service, and the issuer/payment service seeks to recover from Publisher any amounts received by Publisher, Advertiser shall immediately remit full payment to Publisher and any costs and expenses incurred by Publisher.
Redesigning of Website or Newsletter
- Advertiser acknowledges that, consistent with Publisher’s need for editorial discretion, Publisher may redesign, delete or replace pages on which advertising will be displayed, or may redesign or alter the frequency of the Newsletter, provided that Publisher uses good faith efforts to provide Advertiser with comparable advertising.
Licenses and Representations
- Advertiser grants Publisher the right to use, reproduce, publicly display and distribute Advertiser’s advertisements and warrants that Advertiser has the right to grant such license.
- Advertiser represents that Advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertisements, including, without limitation, (a) the names and/or pictures of persons; (b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and (c) any testimonials or endorsements contained in any advertisement submitted to Publisher.
- Advertiser represents that Advertiser’s advertisements do not violate any applicable local, provincial, or country law or regulation.
- Advertiser agrees to indemnify the Publisher forthwith on demand and hold the Publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the 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.
- Advertiser will defend or settle at its own expense any action or other proceedings brought against Publisher that relates to the advertisement and/or any material of Advertiser to which users can link through the advertisement. The Publisher shall notify Advertiser promptly of any such claim and shall permit Advertiser to assume and control the defence of such action with Counsel chosen by Advertiser (who shall be reasonably acceptable to the Publisher) and shall not enter into any settlement or compromise of any such claim without Advertiser’s prior written consent. 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 Publisher in any such action or proceedings.
Limitation of Liability
- Publisher’s liability to Advertiser is limited to, at Publisher’s sole discretion, a daily pro rata refund of the advertising fee representing the undelivered portion of the advertising.
- In no event shall Publisher be liable to Advertiser for any loss of business, contracts, profits or anticipated savings, or for any other indirect or consequential or economic loss.
- Advertiser acknowledges that the Website and Newsletter are provided on an “as is” and “as available” basis without any representation or endorsement. Publisher makes no warranties of any kind, whether express or implied, in relation to the Website and Newsletter, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the Website will meet any requirements or 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.
- By submitting advertising, Advertiser agrees to be bound by these terms and conditions.
- 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.
- The failure of either party to enforce any provision of these terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these terms.
- If any provision of these terms of business, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these terms of business shall nevertheless remain in full force and effect.
- Headings are included in these terms of business for ease of reference only and shall not affect the validity or interpretation of these terms of business.
- These terms of business constitute the entire agreement and understanding between Publisher and Advertiser covering the subject matter described herein, and supersedes and replaces all prior oral or written statements, negotiations, proposals, or communications not expressly set forth herein. No modifications or amendments shall be valid unless rendered in writing and signed by both parties.