CovertCandy^TM Advertising terms

• GENERAL INTERPRETATION

Any headings in these terms are for ease of use and are not intended to form part of the terms nor effect their interpretation.

These terms are to be interpreted exclusively in accordance with English Law and any disputes regarding these terms will be subject to the exclusive jurisdiction of English courts of law. We make no representation that the Website and its content complies with the laws of other countries.



• ADVERTISEMENT DISPLAY

We will, subject to compliance with these terms, display any advertisement accepted by us on the Website. Once you have booked your advertisement, if you submit an advertisement which breaches any of these terms, you will still be liable for our advertising fee even if the advertisement is not displayed as a result. Advertising fees are at the prevailing rate shown on the Website from time to time and are [monthly].

Your advertisement will appear in a prominent position on the home page of the Website in a rolling, randomly selected 'pool' of no more than [10] advertisements at a time.

Whilst we agree to use reasonable endeavours to ensure a properly functioning, accessible website, you will appreciate that it is technically impossible to guarantee access to the Website 100% of the time or error-free functionality and we will not accept any responsibility for losses resulting from any temporary interruption of or other problems with service. If any errors come to your attention, please notify us immediately and we will endeavour to remedy the problem as soon as reasonably possible. Our Website is designed to be viewable by the leading browsers and we do not guarantee performance using other browsers. We are not responsible for the effectiveness of content for your advertisement even on main browsers.

We reserve the right to edit or refuse your advertisement at any time. We also reserve the right to refuse you as a customer at the outset or at any time without notice or justification.

All advertising fees displayed on the Website are exclusive of any VAT that may be payable.



• ADVERTISER'S OBLIGATIONS

You must submit your copy for the Website together with your logo electronically. Once the advertisement is ready for publication, we will send you a proof copy by email and you agree to approve or amend the copy within one working day of our email to you. If we do not hear from you we will proceed to publish the advertisement. We cannot accept responsibility for any errors your advertisement may contain once published as you are given sufficient opportunity to notify us of required amendments.

You warrant to us that all copy complies with the standards set by the Advertising Standards Authority and that no content will breach any third party intellectual property rights or be illegal, immoral, offensive or defamatory. You also warrant that all material you upload to the Website is free of any virus, worm, Trojan horse or similar thing and will not materially adversely affect the normal operation of any software or hardware of ours or of any visitor to our Website. You agree to indemnify us (on a full indemnity basis) against any costs claims and liability arising from any breach of this warranty or of any of the other terms of our contract with you. You are advised to ensure that before you upload anything other than text to the Website, you make sure it has been passed through up-to-date virus preventing software.

You will at all times respect the privacy and confidentiality of a potential customer who contacts to you through the Website.



• PAYMENT TERMS

Advertising commitments are for an agreed time period. All fees are Payable in advance. All monies due are in Pounds Sterling net. You have no right of set-off, deduction or counterclaim in respect of any monies due to us.



• PRIVACY

You understand that by displaying the name or email address of a contact in your advertisement, you are providing personal data to us. As such, you warrant that you have the consent of the person whose name you have given to appear in the advertisement in compliance with the Data Protection Act 1998 and agree to indemnify us against any costs, claims and liabilities arising from any breach of that Act in the supply of that information. In particular, you warrant that you have informed all people whose name, email address or other personal data you have supplied that by consenting they are acknowledging that they are aware that their personal data will be available worldwide including in jurisdictions where there are no adequate data protection laws.

We, in turn, agree not to use that information other than for the display of the advertisement or any other Website for which we provide content from time to time and to inform you of our other services and of developments on the Website.



• EXEMPTIONS AND EXCLUSIONS

Neither you nor we are responsible for any breach of these terms insofar as that breach is a result of something beyond our reasonable control but both you and we agree that if that situation arises, we will do everything we reasonably can to overcome that problem as soon as possible.

We are not responsible to you for any indirect loss or for any economic loss or damage arising from any breach of these terms including but not limited to any delay in displaying an advertisement or any failure to display an advertisement. Our liability under these terms is in any event limited strictly to twice the amount payable for the particular advertisement. Any liability for the extremely unlikely event of death and personal injury resulting from our negligence is excluded from the effect of this clause.



• GENERAL PROVISIONS

No representations made to you will have any effect unless they have been confirmed in writing (obviously this clause is not intended to cover any fraudulent misrepresentations). As such, the terms of your order and these terms constitute the entire agreement between us. Unless these terms have been varied by us and confirmed in writing, no attempted variation is effective.

If we do not strictly enforce our rights under these terms at any time, we reserve the right to do so in future both in respect of a particular breach and in respect of any future breach.

There terms are not intended to benefit anyone other than you and us. You cannot assign the benefit of the contract between us to a third party.