1. Payments are to be made by cheque at the time of placing an order.
2. Acceptance of advertising is subject to space availability upon receipt of the signed booking form
3. The advertiser
warrants and represents:
(1) it has the right to publish the contents of the advertisement, without
infringement of any rights of any third party including, without limitation,
intellectual property rights;
(2) it 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
4. The advertiser agrees to indemnify mybizboard.co.uk forthwith on demand and hold mybizboard.co.uk harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by mybizboard.co.uk 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.
5.The advertiser will defend or settle at its own expense any action or other proceedings brought against mybizboard.co.uk that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement.
6. mybizboard.co.uk reserves the right to re-design parts of or the entire website as detailed in the order and to re-position advertising accordingly without prior notice.
7. Optimised web pages containing your company name and information may be submitted to search engines at the expense of the mybizboard.co.uk
8. Positioning of advertisements is at the sole discretion of mybizboard.co.uk except where a request for a specific preferred position is acknowledged by mybizboard.co.uk in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.
9. mybizboard.co.uk may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline.
10. Any campaign
can be cancelled without charge up to 30 days before the scheduled start date
of the campaign. Non-banner advertisements, company profiles and directory
listings (where available) can be cancelled without charge up to 30 days before
the scheduled start of the campaign.
Cancellation damages of 50% of the advertising contract amount will be due
and payable to mybizboard.co.uk by the advertiser if campaigns are cancelled
by the advertiser less than 30 days before the scheduled start date of the
campaign. After a campaign has started all advertisements must run their contracted
duration as per the insertion order form.
11. All contents
of advertisements are subject to mybizboard.co.uk approval.
mybizboard.co.uk reserves the right to reject or cancel any advertisement,
insertion order, space reservation or position commitment at any time, or
remove any advertisement from any website page controlled by mybizboard.co.uk,
or reject any URL link embodied within any advertisement.
12. mybizboard.co.uk will notify the advertiser by email that their advertisement has been added to the website.
13. The agreed duration will begin from notification by mybizboard.co.uk.
14. The advertiser must notify mybizboard.co.uk as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.
15. The content
of all ads incorporating data provided by a third party is not subject to
the advertiser's prior approval but no warranty is given by mybizboard.co.uk
with relation to the accuracy of such advertisements.
mybizboard.co.uk does not undertake to review the contents of any advertisements
and any such review of, and approval by, mybizboard.co.uk shall not be deemed
to constitute an acceptance by mybizboard.co.uk that such advertisement is
provided in accordance with the terms of the Agreement. mybizboard.co.uk makes
no warranty, express or implied, as to the accuracy of any advert. In the
event that any advert is inaccurate, the advertiser's sole remedy is for mybizboard.co.uk
to remedy such inaccuracy within 2 working days of it being notified of the
inaccuracy by the advertiser.
16. All orders are accepted subject to provisions of the current advertised prices. Prices are subject to change upon notice from mybizboard.co.uk. In the event of a price increase during the period of the insertion order, the advertiser will have the option to cancel the remaining period of the insertion order with one month's notice or as of the date of the rate increase, whichever period is the shorter, without penalty or continue the order at the revised rate.
17. mybizboard.co.uk will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect or consequential losses.
18. In particular, and without limitation, the advertiser acknowledges that mybizboard.co.uk will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of mybizboard.co.uk, the advertiser or a third party).
19. Nothing in these terms and conditions shall exclude or limit mybizboard.co.uk's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
20. Subject to the above, the liability of mybizboard.co.uk arising out of or in connection with these terms and conditions shall be limited to the amendment of any inaccurate data or in the event that mybizboard.co.uk fails to electronically publish an advertisement, the advertiser's sole remedy and mybizboard.co.uk entire liability to the advertiser shall be limited at mybizboard.co.uk option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
21. The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. mybizboard.co.uk makes no warranties of any kind, whether express or implied, in relation to such website, 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.
22. mybizboard.co.uk shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to mybizboard.co.uk for advertising which the advertiser or its agent ordered and which advertising was published and displayed.
23. No conditions other than those set forth in the price card shall be binding on mybizboard.co.uk unless specifically agreed to in writing by mybizboard.co.uk.
24. mybizboard.co.uk is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of mybizboard.co.uk
25. These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters.
26. 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.
27. Contractual
Information:
- Signed orders must be delivered at least three business days prior to the
start of an insertion term
- All advertising copy and material must be delivered at least seven business
days prior to the start of an insertion term
- All advertising requires a signed insertion order
- All programs start on weekdays (excluding bank holidays) If advertising
services stop or are suspended then the customer will be required to make
alternative arrangements for hosting at their own expense.