Advertising Terms and Conditions
A Definitions and Acceptance of the Terms and Conditions
- Price List accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
- These Terms apply to online advertisements on www.pricelistt.com (the “Website”); and
- By placing an order, the “Advertiser” (which is the person bidding for or 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.
B Online Advertisements
- The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Price List applicable third-party provider will be final and binding.
- Price List cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, Price List shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified Price List in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. Price List will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, Price List will not be liable unless such over-delivery arises due to Price List act or omissions.
- PRICE LIST agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
- Where non-UK targeting is required, Price List will endeavor to target the Advertisement at individuals in the geo-location specified at the time of booking.
- The Advertiser guarantees to PRICE LIST that any landing page and/or destination site linked to the Advertisements (“Advertiser’s Site”) will:
(i) be legal, decent, honest and truthful,
(ii) not be contrary to the provisions of any applicable law, regulation, or code of practice (including the CAP Code),
(iii) not be libelous or obscene,
(iv) not infringe the rights of any person (including any person’s intellectual property rights);
(v) not be prejudicial to the image or reputation of PRICE LIST or the Website;
(vi) be free from viruses, adware, malware, and/or bit torrents,
(vii) not cause an adverse effect on the operation of the Website, and
- PRICE LIST 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 PRICE LIST will be treated as the confidential information of the Advertiser and will not be disclosed by PRICE LIST to any third party (other than PRICE LIST’s service providers for the purpose of PRICE LIST 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 a 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.
C. Brand Safety
- The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by PRICE LIST. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the relevant site after it has been served by PRICE LIST and will therefore not affect the number of impressions deemed to have been served in any campaign period.
- Occasionally, PRICE LIST cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, PRICE LIST will distribute all ‘overs’ at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will PRICE LIST be liable for loss arising from failure to insert or any errors in the insertion of Inserts
E Liability of PRICE LIST
- PRICE LIST accepts no responsibility for any interruption or delays the Advertiser experiences in delivering any Advertisement copy to PRICE LIST 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 PRICE LIST.
- PRICE LIST shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- PRICE LIST 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).
- PRICE LIST cannot guarantee the time, dates, and/or position of Advertisements and all such decisions will be at the sole discretion of PRICE LIST. However, PRICE LIST 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 PRICE LIST’s part, PRICE LIST will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be canceled 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 PRICE LIST contains a substantial error solely due to a mistake on PRICE LIST’s part, PRICE LIST shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. PRICE LIST shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform PRICE LIST of any errors and provide any necessary assistance to PRICE LIST to prevent a repeat of the error.
- PRICE LIST 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 PRICE LIST and the Advertiser, and PRICE LIST’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.
- For the avoidance of doubt, nothing in these Terms will limit or exclude Price List’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.
F Liability of the Advertiser
- The Advertiser will fully indemnify PRICE LIST from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses, and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by PRICE LIST in accordance with these Terms.
- PRICE LIST owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants PRICE LIST the right (free of charge) to:
- use such of the Advertiser’s names, trademarks, and/or logos as PRICE LIST may consider necessary for the purposes of publishing the Advertisements;
- 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 PRICE LIST’s sole discretion.
J Cancellation policy
- The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card. The Advertiser may cancel an Advertisement provided that notice in writing is received by PRICE LIST within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 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, PRICE LIST may treat the order as canceled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If PRICE LIST 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 are the entire agreement between the Advertiser and PRICE LIST in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both PRICE LIST and the Advertiser.
- These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgment or click-through agreement). 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 41, 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).
Terms last updated: 14 November 2022