Terms and conditions for website advertisements

Application of terms

  1. These terms and conditions apply to all advertisements displayed on the website www.mumstheboss.co.uk (“site”) as operated by Helen Woodham and Sam Pearce trading as Mums the Boss of 38 Mill Street, Bedford MK40 3HD (“we” or “us”). By requesting that we display your advertisement on our site, you agree to the following terms and conditions and that these apply to and are incorporated into the contract between us (“Contract”) and that these prevail over any other terms and conditions or course of trading. You should print or otherwise save a copy of these terms and conditions for your records.

Charges and Payment

  1. In consideration of us displaying your advertisement on our site (either the national homepage or a local homepage) as agreed between us in email correspondence, you shall pay us the charges agreed between us in email correspondence and as set out on our invoice relating to such advertising (“Invoice”).
  2. All charges exclude VAT unless expressly stated otherwise and VAT shall be charged where applicable.
  3. Payment shall be by such method as specified in the Invoice.
  4. You shall pay each Invoice in full, and in cleared funds, within 30 days of receipt.

Advertisements

  1. Your advertisement shall go live on our site within 48 hours of us having received full payment of our Invoice in cleared funds. If payment is not received by us within 30 days of the date of the Invoice any contract between us shall be terminated and we shall be under no obligation to post your advertisement on our site.
  2. Your advertisement shall be in the size, format and location as shown on the homepage of our site or, in the case of advertising on the blog pages of our site, as agreed between us in email correspondence and as set out on the Invoice.
  3. Your advertisement shall be displayed on our site for the period of time as agreed between us in email correspondence and as set out on the Invoice.
  4. You warrant that your advertisement complies with all applicable law and regulation (including self regulation such as the CAP Code) and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
  5. We may provide specifications as to the materials to be provided by. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to display the advertisement on our site and no refund shall be made in relation to your payment for such advertising.
  6. We may reject in our absolute discretion any materials submitted in and may request you to provide amended or additional materials.
  7. Once you have submitted your advertisement, you may submit a replacement advertisement once during the term of the advertisement being live on our site, but any amendments or substitutions in excess of this shall be made entirely at our discretion.
  8. If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
  9. We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your advertising on our site.
  10. All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
  11. We do not guarantee any particular positioning of advertisements on our site.
  12. We accept no liability for any errors in any advertisements (or for errors in any content on our site).
  13. We reserve the right to change the format, style and layout of our site and your advertisement as we see fit.

Intellectual Property

  1. We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
  3. You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials or content submitted or shown on our site.
  4. You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your advertising on our site.
  5.  You agree and acknowledge that we retain full editorial control over all advertisements and entries submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and entries (other than in relation to your branding and other intellectual property rights that are owned by you prior to you placing the advertisement).

Liability

  1. Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your advertising on our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
  2. In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for the advertising that has lead to the loss or damage. In the event that a court of a jurisdiction does not allow such liability on limitation and awards damages against us in excess of such amount, you agree to release us from all damages and liability in excess of such amount.
  3. You specifically agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on our through our site.
  4. We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
  5. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.

General

  1. We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you.
  2. No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
  3. This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.
  4. You shall keep all information relating to the agreement between us strictly confidential and in particular shall not disclose to third parties the fee charged for your advertising.
  5. A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
  6. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
  7. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
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