Advertisers terms & conditions

1. PARTIES

In these Terms & Conditions ‘Publisher’ means The Online Shopping Expert owned by Zaza Marketing LTD along with its website https://theonlineshoppingexpert.co.uk. ‘Advertiser’ means the person placing the order with the Publisher for the publication of the Advertisement. By Advertisement we mean any kind of promotional or advertising material that is to be published or otherwise displayed by the Publisher and ‘Order Form’ shall mean the order form signed by the Advertiser in which specific details of the order and the Advertisement are set out.

2. ADVERTISEMENTS

All advertisements accepted for the publication by the Publisher are subject to these Terms and Conditions which shall apply to the exclusion of all other terms and conditions, including order forms, confirmation of orders, specifications or any other document. The Publisher may amend these Terms and Conditions at any time and any variation of these Terms and Conditions shall be notified to the Advertiser through the Website. The amended version of the Terms & Conditions shall be made available on the Website on this page.

All Advertisements are subject to the Publisher’s approval of the advertising insertion (‘Insertion Order’) and to the required space being available. The Publisher will try to place an Advertisement in the section apparently most relevant to the Advertiser but reserves the right to make the final decision to the position of the Advertisement. Unless the Advertisers clearly indicates in writing to the Publisher that it does not wish for the Advertisement and/or Copy to be published in any place other than as expressly specified on the Order Form, the Publisher shall be entitled as its sole discretion to publish the Advertisement and/or Copy on all or any of the websites pages and categories.

All Copy shall be submitted by the Advertiser by the closing date, and in the form stipulated to the Advertiser by the Publisher. Unless the Publisher receives the Copy in the proper form and as per the Publisher’s instructions, or if the Publisher is required to perform additional work as a result of the Advertiser’s failure to conform to the Publisher’s requirements and/or instructions, the Publisher (in its absolute discretion) reserves the right to make additional charges to the Advertiser for the cost of any such production work or consider the Advertiser has silently cancelled the Advertisement and as having forfeited any sum paid by the Advertiser in respect of that cancelled Advertisement.

As an Advertiser, you will be fully responsible for the content of the advertisement and must ensure at all times the advertisement complies with all relevant legislation and codes of practices. The Advertisement must not infringe trademarks, copyrights or other intellectual property of any other organisation or person. You are also fully responsible for ensuring that content is not inaccurate or misleading, neither makes false claims, or claims that could be constructed as misleading or false about your own or any other organisation. You shall be responsible for fulfilling and dealing with any enquiries, orders or other in relation to the goods and services advertised.

The particular publication date of an Advertisement shall be at the sole discretion of the Publisher and time shall not be of essence when regards the publication date. The Publisher shall have no responsibility if the Advertisement is not published on the agreed date as a result of strike, lock-out, fire, storm, flood, riot, explosion, power failure, break-down or any sort of system failure or machinery failure or any other event beyond the Publisher’s reasonable control.

The Advertiser’s property, artwork and any other such items are held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy all such property, artwork and/or other items which have been in its possession for more than 3 (three) months. Additionally, the Publisher reserves the right to retain all such property, artwork and/or other items until the Advertiser’s account has been settled in full in accordance with this paragraph. The Publisher will take all reasonable actions to avoid mistakes but the Publisher does not accept liability for any errors or omissions due to human error, the act of default of third parties or sub-contractor or due to inaccurate or ambiguous Copy, or Copy instructions, or due to any other acts, circumstances or default beyond its reasonable control. The Publisher shall not be liable for any errors or omissions in the Advertisement unless the proof is returned in reasonable time for corrections to be made before the date on which the relevant publication is finalised (for the avoidance of doubt, it shall not be less than 7 (seven) days prior to such date). All complaints regarding the reproduction of Advertisements must be received by the Publisher in writing within 7 (seven) days of the date of the publication. The Advertiser shall bear all of the costs in respect of producing and delivery of the Copy to the Publisher.

3. TERM AND TERMINATION

The Contract shall commence on the date set out on the Order Form (the ‘Start date’) and shall continue for the period of time set out on the Order Form which in any event shall not exceed the third anniversary of the Start Date (the ‘Effective Period’). The Publisher reserves the right to omit, suspend or exclude an Advertisement, visual or Copy at any time for food reason and any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If the Publisher exercises its rights under this paragraph at any time, the Publisher shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing. Without prejudice to the generality of foregoing, the Publisher reserves the right to cancel any Advertisement and/or terminate the relevant Contract without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver, over the whole or a substantial part of Advertiser’s assets, or any indication whatsoever that the Advertiser is unable to pay its debts as and when they fall due. All notice of cancellation or suspension of an Advertisement must be received in writing by the Publisher no later than 7 (seven) days after on which the Order Form is accepted by the Publisher and not less than 7 (seven) days prior to the relevant date of publication on the website or any other placements (i.e: newsletters). In the event of the relevant date of the publication is less than 7 (seven) days from the date of the Order Form is accepted by the Publisher, any such subsequent cancellation or suspension in respect of an Advertisement and received by the Publisher shall be accepted or rejected at the sole discretion of the Publisher acting reasonably.

We reserve the right to refuse any advertisement that in our opinion contravenes with these Terms & Conditions.

4. DELIVERY OF ADVERTISEMENT SERVICES

The Contract shall commence on the date set out on the Order Form (the ‘Start date’) and shall continue for the period of time set out on the Order Form which in any event shall not exceed the third anniversary of the Start Date (the ‘Effective Period’). The Publisher reserves the right to omit, suspend or exclude an Advertisement, visual or Copy at any time for food reason and any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If the Publisher exercises its rights under this paragraph at any time, the Publisher shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing. Without prejudice to the generality of foregoing, the Publisher reserves the right to cancel any Advertisement and/or terminate the relevant Contract without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver, over the whole or a substantial part of Advertiser’s assets, or any indication whatsoever that the Advertiser is unable to pay its debts as and when they fall due. All notice of cancellation or suspension of an Advertisement must be received in writing by the Publisher no later than 7 (seven) days after on which the Order Form is accepted by the Publisher and not less than 7 (seven) days prior to the relevant date of publication on the website or any other placements (i.e: newsletters). In the event of the relevant date of the publication is less than 7 (seven) days from the date of the Order Form is accepted by the Publisher, any such subsequent cancellation or suspension in respect of an Advertisement and received by the Publisher shall be accepted or rejected at the sole discretion of the Publisher acting reasonably.

We reserve the right to refuse any advertisement that in our opinion contravenes with these Terms & Conditions.

5. PAYMENT

Payments are due to be received from Advertiser within 1 days following the invoice unless otherwise stipulated by the Publisher. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all advertising space booked by the Advertiser and to require advanced payments for future bookings, and pending such payments will result in suspending all or any Advertisements due to appear under an existing contract with the Advertiser. The Publisher reserves the right to impose a surcharge of 5% per month on any overdue amounts.

The Advertiser shall not set-off or claim to set-off for any reason whatsoever any sum or amount whether in dispute or agreed which may be payable by the Publisher to the Advertiser against any sum or amount whatsoever payable by the Advertiser to the Publisher.

The advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.

No person who is not a party of this Contract has any rights under the Contracts (Right  of Third Parties) Act 1999 to enforce any part of this Contract.

These Terms & Conditions and all other terms of the Contract shall are constructed in accordance with the Laws of England and the parties submit to the jurisdiction of the English courts. If any provisions of the Contract is or become invalid, illegal or void, that shall not affect the validity and legality of the other provisions.

The Contract, and any other agreement or arrangement entered into pursuant to it, shall be held in confidence between the Publisher and Advertiser, and may only be disclosed with the express written agreement of the Publisher or to meet a legal or regulatory requirement. The Publisher does not exclude or limit liability for any liability that cannot be excluded by law (including, for the avoidance of doubt, any liability in respect of death, personal injury, fraud or fraudulent misrepresentation).

Subject to the preceding sentence, the Publisher shall not be under any liability (whether or not damage or loss is direct, indirect, consequential, foreseeable, known or otherwise) for: (a) loss of actual or anticipated profits; (b) loss of goodwill; (c) loss of business; (d) loss of revenue or of the use of money; (e) loss of contracts; or (f) loss of anticipated savings; (g) loss of data and/or undertaking the restoration of data. Liability includes breach of contract, misrepresentation, tortuous claim, restitution or any other cause or action whatsoever relating to or arising under or in connection with the Contract, including liability expressly provided for under the Contract or arising by reason of the invalidity or unenforceability of any term of the Contract. None of the rights or obligations in the Contract may be assigned or transferred to any other person without the written consent of the Publisher. The Contract shall be governed and construed in accordance with the laws of England and Wales and the Advertiser submits to the exclusive jurisdiction of the courts of England and Wales in connection with all disputes, claims or actions arising out of or in connection therewith.

Contact us about these Advertiser Terms & Conditions if you have any questions or comments at advertise@theonlineshoppingexpert.co.uk.