Advertiser Terms and Conditions
Acceptance of advertisements
1. Orders for display of advertisements (“Advertisements”) in on the www.izziwizzikids.co.uk website (“Website”) are accepted by Buzz Internet Marketing Limited (“BIM”) on the following terms and conditions (“Terms”).
2. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
3. Materials for an Advertisement must be provided no later than the deadline specified in accordance with the Website technical specification as described in the rate card.
4. BIM may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. BIM may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising on the Website. The Advertiser will remain responsible for all outstanding charges.
5. The publication of an Advertisement by BIM does not mean that BIM accepts the Advertisement has been provided in accordance with these Terms or that BIM has waived its rights under these Terms.
Content of the advertisement
6. The Advertiser guarantees to BIM that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of BIM or the Websites or the Newspapers; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
7. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with BIM and the Advertiser will compensate BIM for any claim made by such advertiser against BIM.
Payment
8. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. BIM may change its rates at any time by publishing the modified rates at http://www.izziwizzikids.co.uk/Advertising_Rate_Card.pdf. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
9. All sums payable to Buzz Internet Marketing Limited (BIM) should be made in accordance with BIM Financial Terms & Conditions which are: All new customers to make initial payment upfront of minimum monthly fee. After which BIM’s standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of date of invoice. Any changes to the Standard Payment Terms must be agreed by the BIM accounts team. BIM may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
Online advertisement
10. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Google Analytics will be final and binding.
11. BIM agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
12. BIM cannot guarantee the number of impressions. In the event the number of impressions amounts to less than the minimum monthly fee, BIM shall apply the minimum monthly fee.
13. In the event advertising copy is received after midday on the day before an Advertisement is due to be displayed, the number of impressions served will be charged every 24 hours that the copy for the Advertisement is supplied after this deadline. There will be no reduction in the fee payable.
Liability of BIM
14. BIM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to BIM or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to BIM.
15. BIM shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
16. BIM will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
17. BIM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of BIM. However, BIM will use reasonable efforts to comply with the wishes of the Advertiser.
18. If a booked Advertisement is not published at all solely due to a mistake on BIM’s part, BIM will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
19. If the Advertisement as reproduced by BIM contains a substantial error solely due to a mistake on BIM’s part, BIM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. BIM shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform BIM of any errors and provide any necessary assistance to BIM to prevent a repeat of the error.
20. BIM shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by BIM and the Advertiser, and BIM’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
21. BIM does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, BIM will not be responsible for any failure or delay affecting the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of BIM.
22. For the avoidance of doubt, nothing in these Terms will limit or exclude BIM’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
23. Nothin
