Advertising Terms & Conditions
Definitions and Acceptance of the Terms and Conditions
- Doesn’t Grow on Trees Ltd (“DGOT”) accepts publication of advertisements on the terms and conditions set out below (“Terms”).
- These Terms apply to:
- Online advertisements on www.doesntgrowontrees.co.uk
- 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.
Content and Delivery of Advertisements
- Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites, to be agreed in the confirmation email.
- DGOT 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. DGOT may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Websites. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by DGOT does not mean that DGOT accepts the Advertisement has been provided in accordance with these Terms or that DGOT has waived its rights under these Terms.
- The Advertiser guarantees to DGOT 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 UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), 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 DGOT or the Website, and will not contain anything with DGOT in good faith considers to be offensive or otherwise inappropriate;
(v) all Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website(s).
- 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 DGOT and the Advertiser will compensate DGOT for any claim made by such advertiser against DGOT.
- 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. DGOT may change its rates at any time by publishing the modified rates at www.doesntgrowontrees.co.uk. 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.
- All sums payable to (DGOT) should be made in accordance with DGOT Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, DGOT will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. DGOT’s standard payment terms are cleared funds 28 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. DGOT reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
- DGOT cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period.
- DGOT agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
- DGOT and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by DGOT will be treated as the confidential information of the Advertiser and will not be disclosed by DGOT to any third party (other than DGOT’s service providers for the purpose of DGOT complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
- In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
Liability of DGOT
- DGOT accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to DGOT 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 DGOT.
- DGOT 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.
- Advertisements normally appear in all editions of a Newspaper but DGOT reserves the right to omit certain Advertisements from the European editions.
- DGOT 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).
- DGOT cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of DGOT. However, DGOT will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on DGOT’s part, DGOT 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.
- If the Advertisement as reproduced by DGOT contains a substantial error solely due to a mistake on DGOT’s part, DGOT shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. DGOT shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform DGOT of any errors and provide any necessary assistance to DGOT to prevent a repeat of the error.
- DGOT 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 DGOT and the Advertiser, and DGOT’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.
- In respect of Advertisements on the Websites, DGOT does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, DGOT will not be responsible for any failure or delay affecting production or the transmission of the Websites 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 DGOT.
- For the avoidance of doubt, nothing in these Terms will limit or exclude DGOT’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
- The Advertiser will fully reimburse DGOT for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by DGOT in accordance with these Terms.
- DGOT owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants DGOT the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as DGOT may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at DGOT’s sole discretion.
Advertiser may cancel an Advertisement provided that notice in writing is received by DGOT within the relevant cancellation period. In respect of Advertisements on the Websites, the minimum notice period for cancellation by the Advertiser is 2 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, DGOT may treat the order as cancelled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If DGOT fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
- Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
- These Terms and the documents referred to herein replace all previous agreements between the Advertiser and DGOT, and are the entire agreement between the Advertiser and DGOT in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
- Subject to clause 38, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).