TERMS AND CONDITIONS OF USE
1. Definitions: The following terms have the following meanings:-
- “Confetti.co.uk” or “Confetti” are trading names of Confetti Celebrations Ltd, a company registered in England and Wales (07235198)
- “Contract”, the agreement for services entered into between the Customer and Confetti Celebrations Ltd comprising the Contract Form and these Terms and Conditions of Use.
- “Fee”, the agreed fee payment to be paid by the Customer to Confetti Celebrations Ltd for the Service as set out in the Contract Form.
- “Period”, the period of time for which Confetti Celebrations Ltd provides the Service to the Customer as specified in the Contract Form.
- “Service”, the service to be provided to the Customer by Confetti Celebrations Ltd to advertise the Customer’s relevant information on the Confetti.co.uk website and, where requested, provide a link to the Customer’s website, and where requested, provide additional advertising services on the Confetti website, in the Confetti Magazine publication and where requested provide a database for the Customer to target via email marketing.
- “Terms of Use”, the terms of use of the Confetti.co.uk website as set out on said website and any variations or amendments thereof.
2. Provision and update of information
(i) The Customer shall provide accurate information and facts for publication by Confetti.co.uk. The Customer shall be responsible for all material published or issued on the Customer’s behalf by Confetti.co.uk and shall indemnify Confetti.co.uk at all times for any loss, expense or damage incurred by Confetti.co.uk as a result of the Customer’s actions or omissions. The Customer must disclose their identity and reveal the nature of the product/service to be advertised, to Confetti.co.uk and failing to comply with this request will result in Confetti.co.uk cancelling the Service in which case no claim for breach of contract shall arise
(ii) Confetti.co.uk may review the information which the Customer intends to publish via the Confetti.co.uk website or Confetti magazine or which is intended to be emailed to Confetti.co.uk registered users. Confetti.co.uk reserves the right to refuse to place or issue the information or may remove, amend or discontinue displaying any information which is in contravention of any legislation or regulations in force from time to time. Confetti.co.uk may discontinue displaying or publishing any customer information which Confetti.co.uk may consider to be contrary to the best interests of Confetti.co.uk. There shall be no refund if any customer information is refused or removed from display from the Confetti.co.uk website or magazine. Confetti.co.uk is not liable for any omission or inaccuracy in published adverts or for the failure of any advert to appear arising from any cause. Confetti.co.uk is under no obligation to fulfil any order or publish any advert promptly or at all if Confetti.co.uk is experiencing technical difficulties or interruption of its services beyond the control of Confetti.co.uk
(iii) Where a link is provided to the Customer’s website or any other external website or link, Confetti.co.uk is not responsible for the content of the Customer’s website or any other website or link. The Customer is solely responsible for the information about the Customer which is published by Confetti.co.uk. The advertiser agrees to add a link from the destination website to Confetti.co.uk
3. Unless otherwise stated, standard terms are by return and advertisements will not be put live until payment is received.
4. Should the Customer wish to cancel the Service provided under the Contract at any time during the Period, no part of the Fee is refundable to the Customer.
5. All Fees quoted for Service by Confetti.co.uk are valid for one month only from the date of the quote having been given to the Customer. The Fee is only valid for the Contract. Any subsequent agreement entered into between the Customer and Confetti.co.uk must be negotiated separately and therefore a different fee may apply.
6. Confetti.co.uk shall be entitled to change the prices or products offered by Confetti.co.uk at any time.
7. Confetti.co.uk shall be entitled to use the Customer’s logo and any other necessary intellectual property of the Customer in so far as the use thereof is required for Confetti.co.uk to provide the Service for the Customer.
8. The Customer shall ensure that any information published by Confetti.co.uk about the Customer shall comply with the requirements of all data protection legislation in force from time to time including without limitation the Data Protection Act 1998 and any variations, amendments or re-enactments thereof.
9. Confetti.co.uk shall ensure that any information held on registered users of the Confetti.co.uk website shall comply with the requirements of all data protection legislation in force from time to time including without limitation the Data Protection Act 1998 and any variations, amendments or re-enactments thereof.
10. If there is a breach of this Contract, or if the Customer provides false or misleading information for publication by Confetti.co.uk, breaches any data protection requirements, or breaches the Terms of Use, Confetti.co.uk may cease the Service immediately without prejudice to Confetti.co.uk right to claim damages and other relief.
11. Confetti.co.uk does not guarantee suitability of leads proved via the Service.
12. If there is a conflict between the Contract Form and these Terms and Conditions of Use, then the Contract Form prevails.
13. Advertisers must accept and conform to the various deadlines, technical requirements and limitations as notified to them by the publisher. Namely, the following materials must be delivered no later than two days prior to the start campaign date: – Completed and signed Insertion Order (supplied on confirmation of booking) – Ad banners – Destination URL (must be complete and functional) – Alt text (up to 25 characters) – Contact email address for banner reports
GIF and Flash Lead Time: 2 working days prior to live date Rich Media Lead Time: 10 working days prior to live date Acceptance of Superstitials, Eyeblasters and other Streaming advertising accepted on sight and is subject to publisher testing and approval. Rich Media is defined as anything other than a GIF ad form and could be subject to a higher CPM charge, depending on additional ad-serving cost 14. This Agreement is governed by and shall be construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
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IMPORTANT NOTE: If your company/charity is exempt from VAT please supply Confetti Celebrations Ltd with a copy of your ‘VAT Exemption Form’ together with this completed contract.