1. In these terms and conditions, “Advertiser” means the party who books the space and/or any agent acting on his behalf and “Owner” means CrazyAds.co.uk.
2. These terms and conditions shall apply to all advertisements accepted for publication by the Owner except insofar as shall otherwise specifically be agreed in writing by the Owner, notwithstanding that the Advertiser may choose to provide confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
4. The Advertiser warrants and represents that the advertisement (a) does not contravene any law, statute or regulations in England and/or in any other country where the advertisement might appear as a result of its publication by the Owner (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear as a result of its publication by the Owner) at the time the advertisement is published.
5. The Advertiser will indemnify and keep the Owner fully and effectively indemnified from and against any losses, costs and expenses howsoever incurred by the Owner arising out of or in connection with the advertisement and/or in respect of any breach by the Advertiser of paragraph 5 of these terms and conditions. The Owner will consult with the Advertiser as to the way in which any claim against the Owner (in respect of which indemnity is sought by the Owner from the Advertiser) is handled.
6. The Owner reserves the right (in its absolute discretion) to omit, suspend or exclude an advertisement at any time; any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If the Owner exercises its rights under this paragraph at any time, the Owner shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.
7. All reasonable care will be taken to avoid mistakes but the Owner does not accept liability for any errors or omissions due to the acts or defaults of third parties or sub-contractors or due to inaccurate or ambiguous copy instructions or due to any other acts, circumstances or defaults beyond its reasonable control. The Owner shall not be liable for any errors or omissions in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press or is otherwise finalised prior to publication.
8. The Owner 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 failure of systems or machinery or any other event beyond the Owner’s reasonable control.
9. The Owner does not warrant any particular publication date for the advertisement unless otherwise expressly agreed in writing with the Advertiser and, in any event, time shall not be of the essence as regards the publication date.
10. All advertising insertions shall be submitted by the Advertiser by the closing copy date in the form stipulated by the Owner and otherwise in accordance with the Owner’s instructions from time to time. Unless the Owner receives the advertising insertion in the proper form and as per the Owner’s instructions, or if the Owner is required to perform additional production work as a result of the Advertiser's failure to conform to the Owner’s requirements and/or instructions, the Owner (in its absolute discretion) reserves the right (a) to make additional charges to the Advertiser for the cost of any such production work or (b) to treat the Advertiser as having cancelled.
11. Advertisement rates may be revised at any time. Orders are accepted on the basis that the price binds the Owner only in respect of the next issue to be published by the Owner. If there is a rate increase which the Owner wishes to charge to the Advertiser, then the Advertiser will have the option either to cancel the remainder of the order without surcharge or to continue the order at the revised advertisement rates.
12. The Advertiser’s property, artwork and any other items are held by the Owner at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Owner reserves the right to destroy all such property, artwork and/or other items which have been in its possession for more than twelve months. Additionally, the Owner reserves the right to retain all such property, artwork and/or other items until the Advertiser's account has been settled in full.
13. In no event shall the liability of the Owner for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.
14. In no event shall the Owner have any liability either in contract or in tort for any consequential or indirect loss or damage suffered or incurred by the Advertiser, including (without limitation) loss of profit or damage to reputation or goodwill.
15. These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with English law and the Advertiser submits to the non-exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection therewith.
16. All payments are final...there can be no refunds on any advertising deposit paid by the advertiser to the Owner. Owners can request payment once their account balance reaches $10 or more, provided they have followed all the terms of this agreement.
17. Advertisments can be removed without notice at the discretion of the Owner.
18. Publishers may post ad codes on their websites, but they may not advertise via any unethical means, such as spamming, or even newsletter advertising. If an advertiser or publisher has discovered doing anything illegal, unethical or in violation of our terms and conditions, all ads and earnings connected to that advertiser or publisher will be forfeited. Payments are made at our discretion, and ONLY if we are satisfied that all terms and conditions have been met.