Advertising Terms & Conditions
a) “The Company” means Just Landed SL, its successors in title and assigns.
b) “The Company’s Websites” means the Company’s Web Sites, including, not exclusively, www.justlanded.com.
c) “The Advertiser” means an Advertising Agency where an Advertising Agency is used, and in any other case it shall mean the person placing an order or the company on whose behalf an order is placed for advertising. Where an Advertising Agency is used the relationship between the Company and the Agency is that the order is and shall be treated as issued by the Advertising Agency as a principle and there shall be no contract (save in so far as in this agreement set out in consideration of the Company entering into an agreement with the Advertiser) between the Agency’s Client and the Company, nor shall the Agency’s Clients be able to claim upon the contract of the Agency with the Company.
d) “Advertisement Copy” means advertising text, content or graphical advertisements intended for broadcast on the Company’s Web Sites.
e) “Agency’s Client” means the Advertiser is an Advertising Agency, in relation to an Advertisement, the client of that Agency.
f) “Start Date” means the day on which an advertisement is due to appear on the Company’s Websites.
2. Acceptance of terms and conditions
a) By placing an order with the Company, the Advertiser and the Client accept these Terms and Conditions.
b) No terms and conditions other than those set forth herein shall be binding on the Company unless specified in writing by a director of the Company. These Terms and Conditions, together with any terms and conditions on the Company’s current rate card or media pack, constitute the entire agreement.
c) The Company does not guarantee the success of any Advertisement or series of Advertisements which it transmits and will accept no liability for the commercial failure of any Advertisement.
d) In relation to any investment- or financial-related Advertisement, the Advertiser and if there is one the Advertiser’s Client severally and jointly warrant that the contents have been approved or are permitted by the local regulations for the country to which the advertisement is targeted and, if different, the country from which the advertisement is being made, and, if different, the country in which the Advertiser or Client is legally constituted.
3. Acceptance of advertisements
a) An Advertisement will not be transmitted if it is unsuitable and will be transmitted only if it is approved by the Company and in accordance with any statutory provisions affecting advertising on the Company’s Web Sites.
b) All banner advertisements for the Company’s Web Sites should follow IAB standards for size, formats and, in the case of rich media, functionality.
c) Advertisement Copy must be submitted no less than 2 working days in advance of the launch of a campaign.
d) Approval of Advertisement Copy shall not in any way prejudice the Company’s right to subsequently reject Advertisement Copy.
e) If the Company decides Advertisement Copy submitted for approval is unsuitable, including unsuitable on editorial grounds, the Company will notify the Advertiser who must supply alternative copy as soon as possible. Should alternative copy not be accepted, the Company shall be entitled at its discretion either to repeat previous Advertisement Copy or to transmit other suitable material and to decline the Advertisement Copy, and the Advertiser shall pay in full for the advertising time booked.
f) The Company reserves the right, at its absolute discretion and without incurring any liability, to decline to transmit any Advertisement without notice and without giving any reason for so declining but the Advertiser shall not be liable to pay for any advertisement which the Company so declines to transmit save where the Advertisement is declined for any of the reasons set out in a), b) and c). Any applicable discounts will be recalculated pro rata based on the time for which the Advertisement was transmitted.
a) The Company does not guarantee that dates of transmission will be adhered to whether or not the product advertised is time or date sensitive. If for any reason including negligence by the Company, its servants or agents, Advertisement Copy is not transmitted on the day it is booked by the Advertiser, the Company will endeavour to effect a transmission as soon as possible subsequent to the booked date. In the event of transmission activities being restricted, curtailed or prevented by any law or other thing beyond the Company’s reasonable control, the Company may terminate the Contract without notice and without prejudice to the Company’s right to be paid for the Advertisements transmitted prior to the date of termination.
a) Credit accounts as approved by the Company shall be paid not later that the 15th day of the month following the month of transmission, or within 15 days of invoice date, whichever is sooner.
b) Defined contracts of less than €5,000 shall be invoiced and paid in advance of transmission. Credit accounts as approved by the Company shall be paid not later than the 15th day following the date of invoice.
c) Other accounts shall be paid not later than seven days before the scheduled transmission date.
d) In default of payment under a), b) or c) the Company shall be entitled, without prejudice to its other remedies for breach of contract, to refuse to transmit the Advertisement copy.
e) Advertisers shall pay to the Company in respect of each advertisement for which payment is not made by the due time:The sum of €50 as an administration chargeInterest on the amount paid late at the annual rate of 7% accruing from day to day (including the date on which the payment was due). These additional charges shall be payable within seven days following the delivery of an invoice from a Company detailing them.
6. Warranties and indemnity
a) The Advertiser and, where the context so admits, its Client, warrants and undertakes that: no Advertisement Copy will breach the copyright or other rights of any third party or be obscene or defamatory. It will indemnify and keep the Company harmless (so far as the law shall allow) against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising in any manner whatsoever in consequence of the transmission by the Company of any Advertisement Copy, editorial or other promotional materials supplied by the Advertiser.
7. Publicity and information concerning advertisements
a) No Advertiser shall, without the prior consent of the Company publish any information in connection with any advertisement which has been transmitted or is scheduled for transmission by the Company.
8. Changes of rates and conditions
a) While as much notice as possible will be given of all changes, the Company reserves the right to change its advertisement rates and any of these Terms and Conditions at 28 days’ notice, and in the event of such a change, the rates payable and the terms and conditions applicable shall be those in force at the time of transmission, provided that the Advertiser concerned shall (by serving written notice on the Company within two weeks of receiving notice of such a change) be entitled to cancel any booking for an advertisement to which the change of rates (if increased) or Terms and Conditions would otherwise be applicable.
9. Advertising agents
a) An advertiser or person wishing to advertise will furnish all such financial information and references as the Company may from time to time require before any advertisement is accepted. No Advertiser being an Advertising Agency shall falsely represent to its Client or any prospective client that it has obtained or can obtain the publication of Advertisements at any rate lower that those quoted by the Company.
a) All copyright and other intellectual property rights in any Advertisement prepared or produced by the Company remain the sole and exclusive property of the Company and the payment of a fee specified by the Company, broadcast or otherwise reproduce or publish any such Advertisement, or authorise any third party to do the same.