Website advertising terms and conditions
These T&Cs are designed to regulate the relationship between a business purchasing online advertisement publication services and the provider of those services.
The T&Cs include obligations to provide the services, limitations upon the scope of the services, warranties relating to the services and the advertisements supplied by the advertiser, a licence from the advertiser to the service provider in respect of the advertisements, in addition to all the usual boilerplate clauses.
The particulars of each contract should be set out in an order form, a skeleton version of which is provided with this document.Ask about this document
Website advertising terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term (indefinite); each order form creates distinct contract.
Advertisement Publication Services: obligation to provide advertisement publication services; availability of advertising platform and advertisements; FAOD exceptions to hosted services availability; suspension of advertisement publication services. Advertisements: obligation to supply advertisements; time for supply of advertisements; no liability where failure arises from breach of section by other party; licence of advertisements; warranties relating to advertisements.
- No assignment of
Intellectual Property Rights: no assignments of intellectual property rights.
- Charges: obligation to pay charges; amounts inclusive or exclusive of VAT; variation of charges.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnity: indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Termination: termination by either party without cause; termination by either party upon breach; termination upon insolvency.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Notices: methods and deemed receipt of contractual notices; first party contact details for contractual notices; substitute contact details for notices.
- General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.