Terms and Conditions of Advertising
These terms and conditions regulate the rights and responsibilities of tickity-boo.co.uk and you in relation to the design and incorporation of your advertising banner.
- The cost of the Advertising Services will be the Advertising Charge.
- The payment of the Advertising Charge must be made before the advertising appears on Tickity-Boo.
- Payment of the Advertising Charge shall be made by you to us either by cheque upon submission of the Application Form or by direct funds transfer made within 7 days of your submission of the Application Form.
- In consideration of payment of the Advertising Charge, the Advertising Services shall be provided for the Service Period (a calendar year). If you wish the Advertising Services to continue for a further Service Period, we shall invoice you for and you shall pay the Advertising Charge in advance of the next Service Period.
- Payment may not be made for periods of any less than the Service Period. If you require the provision of Advertising Services for any part of the Service Period, payment of the Advertising Charge must be made in full.
The design services
- If you require Design Services, you will make the Design Information available to us (in gif or jpeg format) to allow us to perform the Design Services.
- We shall be entitled at our discretion to edit and alter the presentation of any Design Information which you may submit.
- Once we have prepared the Design, we will send you a copy of the Design to you and you will be given the opportunity to make comments on the Design. Any changes made to the Design will be made at our discretion.
- For the avoidance of doubt, the Advertising Services will not commence until the Design Services are complete.
- The Design Services are included in the price of the Advertising Services.
The advertising services
- You shall provide the Content to us to enable us to provide the Advertising Services.
- We will aim to provide the Advertising Services within two weeks of receiving your Content (where applicable).
- Unless stated on the order form we do not guarantee any delivery units i.e impressions, clicks or leads of an Advertising Service.
- We will not be required to publish any advertisement that has not been received in accordance with our requirements.
- Where you provide Content, or authorise the submission of Content to us, that submission shall be deemed by tickity-boo.co.uk to be a request by you for the publication and use of that Content for the provision of the Advertising Services.
- We reserve the right at any time to edit or alter the presentation of the Content.
- You accept that Tickity-Boo cannot ensure that the Advertising Service in all respects is visible in all browsers and versions of these browsers. Tickity-Boo shall use its reasonable endeavours to ensure that the Advertising Service is visible in the most commonly used version of Internet Explorer and Firefox.
Termination of the advertising contract
- If, after expiry of any Service Period, payment of a further Advertising Charge is not made, the Advertising Contract and the provision of the Advertising Services shall automatically terminate.
- We reserve the right to terminate the Advertising Contract and remove the Content and/or Design from the tickity-boo.co.uk Site for any reason.
- We reserve the right to terminate the Advertising Contract and remove the Content and/or Design from the tickity-boo.co.uk Site without providing a refund of the Advertising Charge to you if, in our reasonable opinion, your conduct, the Content, the Design Information or the Website has brought or would bring us or any other customer of ours into disrepute if we continued to provide the Advertising Services.
Positioning and licence
- You hereby grants to tickity-boo.co.uk a world-wide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all contents, trademarks and brand features contained therein) in accordance with these Advertising Terms and Conditions.
- You acknowledge that we shall retain all Intellectual Property Rights in the Design. We hereby grant to you an exclusive, royalty free licence to use the Design for the purpose of the display of the Design on the tickity-boo.co.uk Site. The Design may not be used by you for any other purpose.
- In the event that the Content, the Design Information or the Website infringes the Intellectual Property Rights of a third party, you shall fully indemnify us against any action, claim or proceedings raised by that third party against us for such infringement.
Limitation of liability
- In no event shall we be liable to you, in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, revenues or anticipated savings, increased costs, special, indirect or consequential damage or loss.
- You acknowledge and accept that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the tickity-boo Site is not available to consumers) for the purposes of repair, maintenance and upgrading. Accordingly, we do not guarantee uninterrupted availability of the tickity-boo.co.uk Site. You accept that you shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.
Content and design information
- You shall ensure that the Content, the Design Information and the information or services made available through the Website is accurate, up to date and not misleading.
- We shall have no liability whatsoever for the accuracy of or representations made as part of the Content, the Design Information or any information or services made available through the Website.
- You shall fully indemnify us against any claims, actions or proceedings made or raised against us in respect of the Content, the Design Information or any information or services made available through the Website.
- Any notice or other communication to be given in respect of the Advertising Contract shall be in writing and signed by or on behalf of the party giving it. The notice may be served by: (i) delivery in person; (ii) by post; (iii) by facsimile; or (iv) email, to the address, fax number or email address of the other party. Notices to be made to us shall be to the tickity-boo.co.uk Web Channel Manager at 22 Estuary View, Newquay, Cornwall, TR7 1QX or such contact details as may be notified to you by us.
- We shall be entitled at any time to issue you with contractual terms replacing the terms and conditions set out herein. Following the date of such issue, these terms and conditions shall cease to have effect.
- We shall be entitled at any time, by giving you prior notice, to alter the Advertising Services or Design Services offered and replace the Advertising Services or Design Services with alternative services.
- These terms and conditions constitute the entire agreement between you and us in relation to the Advertising Contract. Nothing in this clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
- In the event that the whole or any part of a provision forming part of these terms and conditions may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question shall continue in full force and effect.
- The construction, validity and performance of the Advertising Contract shall be governed by the law of England.