User Terms and Conditions
Advertising Terms and Conditions
Micro-Site Terms and Conditions
1. General
This Website is owned and operated by ElectronicsWeekly.com Ltd and is made available on the following terms and conditions. By using the Website you accept these terms and conditions, which shall be interpreted according to the laws of England.
2. Data Protection
ElectronicsWeekly.com's use of personal information supplied by you when you use this Website is governed by our privacy policy.
3. Licence
3.1 ElectronicsWeekly.com grants you a non-exclusive licence to access and use the content in this Website for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes.
3.2 You acknowledge that the copyright, database rights and all other intellectual property rights comprised in or relating to this Website and in the data it contains belongs to ElectronicsWeekly.com and its licensors.
4. Changes to the Website
ElectronicsWeekly.com may at any time make alterations to or to withdraw this Website or any part of it.
5. Limitation of Liability
5.1 ElectronicsWeekly.com excludes all warranties, express or implied relating to this Website. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose. ElectronicsWeekly.com shall not be liable for any loss or damage suffered as the result of the use of this Website.
5.2 Assistance given by means of any Help Desk facility shall be solely at your risk.
[top]
1. These Conditions shall apply to all Advertisements accepted for publication by ElectronicsWeekly.Com Limited ("EWC") in any of its publications either printed or in electronic format ("Publications"). Any other proposed conditions shall be void unless incorporated clearly in written instructions to EWC and specifically accepted by EWC. For the purpose of these conditions:
"Advertisement" shall mean matter to be displayed on a web-site, printed on the page, separately inserted or otherwise published;
"Buyer" shall mean the person placing the order with EWC for the insertion of the Advertisement whether such person be the advertiser of the product or service promoted thereby or making the announcement therein ("the Advertiser") or the Advertiser's advertising agency or media buyer;
"Rate Card" shall mean the rate card supplied by EWC to the Advertiser;
"Start Date" shall mean the first date on which an Advertisement is due to appear on EWC's web-site.
2. The Buyer warrants that, in relation to an Advertisement, the Buyer contracts with EWC as a principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with EWC and the Buyer will indemnify EWC against any claim made by the Advertiser against EWC arising from the publication thereof.
3. All material for publication should be provided to EWC in accordance with the deadlines and specifications set out in the Rate Card. All bookings for advertisements must be confirmed in writing with an order form signed by an authorised signatory of the Buyer and they should be received by EWC no later than 1 (one) working day after the booking has been made or such other date as EWC in its sole discretion agrees but which shall in any event be no later than 5 (five) working days before the Start Date. EWC reserves the right to reject any booking for any Advertisement which does not comply with this timetable.
4. All Advertisements are accepted subject to the rights of EWC under paragraphs 7 and 12 and subject to the space being available.
5. It is understood and agreed that any intellectual property rights in designs prepared by EWC shall remain the property of EWC and Advertisements including such designs may not be reproduced without EWC's consent.
6. If it is intended to include in an Advertisement, a competition or a special offer of merchandise other than normally associated with the advertised product or service, full details must be submitted at the time of booking.
7. EWC reserves the right to omit or suspend an Advertisement at any time for good reason, in which case no claim on the part of the Buyer for damages or breach of contract shall arise. Should such an omission or suspension be due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Advertisement shall be paid for in full notwithstanding that the Advertisement has not been published by EWC. Such omission or suspension shall be notified to the Buyer as soon as possible.
8. EWC shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication or distribution of any Publication or issue in which any Advertisement is scheduled to be included. In the event of any error, misprint or omission in the publication of an Advertisement or part of an Advertisement, EWC will either reinsert the Advertisement or relevant part of the Advertisement as the case may be or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.
In no circumstances shall the total liability of EWC for any error, misprint or omission in the publication of any Advertisement exceed the amount of a full refund of any price paid to EWC for the particular Advertisement in connection with which the liability arose or the cost of a further or corrective Advertisement reasonably comparable to that in which liability arose. Without prejudice to the foregoing, EWC shall not be liable for any indirect or consequential loss including, without limitation, loss of business or profits in consequence of any error, misprint or omission in the publication of the Advertisement.
Every care is taken to avoid mistakes but EWC cannot accept liability for any errors due to third parties, sub-contractors or inaccurate copy instructions. It is the responsibility of the Buyer to check the correctness of the Advertisement (and each insertion of the Advertisement, if more than one). EWC assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs.
9. The Buyer warrants that the Advertisement does not contravene any relevant UK legislation (including the laws of the European Union) nor is it in any way illegal, defamatory or obscene or an infringement of any other party's intellectual property rights or any other personal or proprietary right of any person or is a breach of the British Code of Advertising Practice nor will it in any way render EWC liable to any proceedings whatsoever.
10. The Buyer warrants that it has the legal right to commission the publication of the Advertisement in the agreed format including print and/or electronic format and that the information supplied with the Advertisement is accurate, complete and true.
11. The Buyer warrants that its own internal systems and procedures are Year 2000 compliant and that EWC's business systems will not be adversely affected by any advertising copy or other materials supplied to it by the Buyer in relation to the publication of an Advertisement under these Conditions.
12. EWC reserves the right to withdraw an Advertisement from publication and/or refuse to publish an Advertisement if a third party claims that the Advertisement infringes any intellectual property rights (including trade marks and copyright) or constitutes passing off or is in any way obscene or defamatory. The Buyer will indemnify EWC against any and all claims in respect of the above and no claim on the part of the Buyer as against EWC for damages or breach of contract will arise.
13. Notwithstanding the provisions made in paragraphs 7 and 10 above, the Buyer will indemnify EWC fully in respect of all claims, costs (including legal costs on an indemnity basis), proceedings, demands, losses, damages, expenses or liabilities of whatever nature made against or suffered by EWC arising from any breach or non-performance of any of the representations and warranties contained in these Conditions or implied by law or in any way relating to the publication of the Advertisement. EWC will consult with the Buyer as to the way in which such claims are to be handled.
14. EWC shall have the right to change its scale of rates for Advertisements as set out in the Rate Card at any time without notice to the Advertiser.
15. Prices are exclusive of Value Added Tax which the Buyer shall be additionally liable to pay to EWC.
16. Credit accounts must be settled in accordance with the terms shown on the invoice which are strictly net or, if no terms are shown, before the Start Date. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the National Westminster Bank Minimum Lending Rate.
17. The Buyer shall not be entitled to withhold payment in whole or in part for any confirmed bookings of Advertisements by reason of the fact that EWC is prevented from publishing such Advertisement in total or in part by any court of competent jurisdiction or does not publish such Advertisement in consequences of any actual or threatened legal proceedings or for any other valid reason..
18. The Buyer's property, copy, artwork, film, disks and photographs etc. are held at the Buyer's risk and should be insured by the Buyer against loss or damage from whatever cause. It is recommended that original transparencies are not submitted. EWC reserves the right to destroy all materials which has been in its custody for 12 (twelve) months from the date of their last publication.
19. Where the copy includes a photograph, EWC can not accept responsibility for any loss or damage howsoever arising due to the quality of the reproductions of the photograph supplied by the Buyer, its agents or servants. In respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
20. EWC reserves the right to cancel any order 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 substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
21. The Buyer may only cancel orders by giving not less than 3 (three) weeks' written notice to EWC prior to the Start Date. Unless the notice is correctly served and received pursuant to this clause, the Advertiser will be liable to make payment in full respect of the Advertisement.
22. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
[top]
1. The following terms and conditions, in addition to the ElectronicsWeekly.Com Advertising Conditions of Acceptance, shall be incorporated into all contracts for Micro-Site advertising ("Micro-Site Contracts") accepted by ElectronicsWeekly.Com Limited ("EWC"). The Billing Schedule shall form part of the Micro-Site Contract. For the purpose of these conditions:
"Billing Schedule" shall mean the schedule for the fees payable by the Advertiser to EWC;
"Change Request Notice" shall mean the notice to request a change to the Design Plan;
"Design Plan" shall mean the design plan for the Micro-Site.
"Micro-Site" shall mean the web-site designed by EWC for the Advertiser.
2. Micro-Site Hosting
2.1 EWC shall host the Micro-Site.
2.2 Access to the Micro-Site shall be via links to EWC's web-site.
3. Micro-Site Development and Design Plan
3.1 EWC will design and develop the Micro-Site in accordance with the Design Plan.
3.2 EWC and the Advertiser will meet to develop the Design Plan as soon as possible after the Micro-Site Contract has been agreed. Once agreed, the Design Plan shall form part of this Micro-Site Contract.
4. Project Management
4.1 EWC and the Advertiser shall each appoint a representative to act as a single point of contact between the parties on all matters relating to the Design Plan and shall promptly notify the other party in writing if that person is replaced by another member of staff.
4.2 EWC shall be entitled to rely absolutely on the representations, statements and acts of the person appointed by the Advertiser in Clause 4.1 as being authorised by the Advertiser.
4.3 The parties shall hold meetings regularly (at a frequency to be agreed between the parties) during the development of the Micro-Site to review the progress and content of the Micro-Site.
4.4 The Advertiser shall ensure that the meetings are attended by the appropriate employees of the Advertiser .
4.5 The Advertiser will procure that all reasonable information, assistance and access to premises is provided promptly to EWC and its representatives in order to carry out the development of the Micro-Site.
5. Change Control Procedure
5.1 All changes to the Design Plan will be processed through the following change control procedure.
5.2 Either party may propose any change to the Design Plan by serving on the other a Change Request Notice. The Advertiser may request the form or content of the visitor data on the Micro-Site to be altered by serving a change request notice on EWC.
5.3 Following service of a Change Request Notice, EWC shall, as soon as practicable, indicate whether, if the Change Request Notice relates to the form of content of visitor data, it is able to provide the requested form and content, and, for all Change Request Notices, provide to the Advertiser a quotation of any extra fees incurred by such a change and an analysis of the impact on any key dates specified in the Design Plan.
5.4 If the Advertiser wishes to proceed with the change to the Design Plan, it shall notify EWC as soon as possible after receiving the quotation referred to in 5.3 above. EWC reserves the right to revise its quotation if the Advertiser notifies EWC more than 7 (seven) days after receiving the quotation.
6. Publication of the Micro-Site
6.1 EWC will make the Micro-Site available for access from EWC's web-site within 7 (seven) days of receiving a duly signed Completion Certificate from the Advertiser.
6.2 On completion of the development of the Micro-Site, the Advertiser shall sign a Completion Certificate and deliver the same to EWC.
7. Maintenance of the Micro-Site
7.1 Following publication of the Micro-Site, EWC will maintain the Micro-Site for the duration of the Micro-Site Contract.
7.2 Maintenance of the Micro-Site will include maintaining all links from EWC's web-site to the Micro-Site, diagnosing and using reasonable endeavours to correct any defects in the Micro-Site as soon as practicable after such defect is notified to EWC by the Advertiser, and, subject to the Change Control Procedure, updating the content of the Micro-Site at the request of the Advertiser.
8. Suspension of the Micro-Site
8.1 It is acknowledged by the Advertiser that it is vital to the success of EWC's web-site that data on the Micro-Site is complete, accurate and up-to-date. In the event that EWC, in its reasonable opinion, believes that the data on the Micro-Site is not complete, accurate or up-to-date, it may, at its sole discretion, suspend public access to the Micro-Site
8.2 In the event that EWC receives a notice from a third party that the content of the Micro-Site either infringes a third party's proprietary rights or is in breach of any statutory provision or regulatory requirement in any country or contains defamatory material, EWC may, at its sole discretion, suspend public access to the Micro-Site.
8.3 In the event that EWC suspends public access to the Micro-Site pursuant to 8.1 or 8.2 above, it shall promptly notify the Advertiser that it has done so. Once the Advertiser, in the reasonable opinion of EWC, has complied with its obligations under 8.1 above or (as the case may be) shows t the reasonable satisfaction of EWC that the circumstances leading to the suspension of the Micro-Site pursuant to 8.2 above have been remedied, EWC shall use reasonable endeavours to re-enable the suspended Micro-Site.
9. Fees
9.1 In consideration of EWC designing and developing the .Micro-Site, the Advertiser will pay to EWC a Micro-Site development fee.
9.2 The Advertiser will pay all fees in accordance with the Billing Schedule.
9.3 No fees, once invoiced by EWC, including the Micro-Site development fee, shall be refundable under any circumstances whatever.
10. Advertiser Logo
10.1 The Advertiser shall supply to EWC artwork of the logo it wishes to use. If the artwork is not supplied to EWC in an electronic medium, the artwork will be of sufficient quality to enable EWC to scan it for electronic use. The Advertiser's logo will be shown on the Micro-Site and EWC's web-site
11. Indemnity & Warranties
11.1 The Advertiser shall indemnify, hold harmless and keep indemnified EWC against all loss, claims, costs and expenses (including reasonable legal expenses) and damages incurred by EWC as a direct or indirect result of data on the Micro-Site not being accurate, complete or up-to-date, as a result of any product liability claim brought against EWC by any person relating to any product sold by the Advertiser, and/or as a result of any claim or threatened claim brought by any person that the use or sale or offering for sale of any item or service of the Advertiser or that EWC's use of the Advertiser's logo in accordance with the terms of this Agreement, constitutes an infringement of a third party's proprietary rights, and/or as a result of any claim from a breach of the warranties in 11.3 below.
11.2 EWC warrants that it will use its reasonable endeavours to ensure the accuracy of the visitor data and that it shall use reasonable skill and care in the development of the Micro-Site and the provision of the Micro-Site maintenance services. For the avoidance of doubt, EWC does not warrant, represent or undertake that the EWC web-site or the Micro-Site will be error-free or operate without interruption.
11.3 The Advertiser warrants and undertakes that:
(a) it has full authority to promote and offer for sale all products (whether hardware or software) and services through the Micro-Site;
(b) it will obtain all necessary regulatory consents and clearances for the content of the Micro-Site prior to the issue of the Completion Certificate;
(c) the content of the Micro-Site and the act of making it available for public access does not contravene any statutory provision or regulatory requirements in any country;
(d) if the content of the Micro-Site is regulated by the Financial Services Act 1986 ("FSA") , that the Advertiser is an authorised person (for the purposes of the FSA) or that the content of the Micro-Site was approved by an authorised person (for the purposes of the FSA) or that the content of the Micro-Site was permitted under Section 58 of the FSA;
(e) any content for the Micro-Site supplied by the Advertiser does not infringe the proprietary rights of any third party.
12. Intellectual Property Rights
12.1 All intellectual property rights created as a result of the development of the Micro-Site by EWC shall vest solely in EWC.
12.2 Nothing in the Micro-Site Contract shall operate so as to transfer any intellectual property rights to the Advertiser.
13. Confidentiality
13.1 All confidential information given by either party to the other or otherwise obtained, shall be treated by the other party, its employees, agents and sub-contractors as confidential and not used other than for the benefit of the disclosing party and shall not be disclosed to any third party without the prior written consent of the disclosing party except to the extent required by law.
13.2 The provisions of 13.1 above shall not apply to any information which:
(a) is or becomes public knowledge other than by breach of clause 13.1;
(b) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;
(c) is received from a third party who lawfully acquired or developed it and who is under no obligation restricting its disclosure;
(d) must be disclosed by the disclosing party in the discharge of its obligations to supply information for parliamentary, governmental or judicial purposes.
13.3 This clause shall remain in full force and effect notwithstanding the termination of the Micro-Site Contract.
14. Term and Termination
14.1 The Micro-Site Contract shall take effect from the date that the Billing Schedule is signed by the Advertiser.
14.2 The Advertiser may terminate the Micro-Site Contract at any time on written notice to EWC.
15. General
15.1 EWC may sub-contract its obligations under the Micro-Site Contract in whole or in part to any affiliate company of EWC.
15.2 The Advertiser shall not assign its rights or sub-contract its obligations under the Micro-Site Contract without the prior written consent of EWC.
15.3 EWC shall not be or be deemed to be an agent of the Advertiser and shall at all times be an independent contractor. Nothing in the Micro-Site Contract shall be construed so as to create any partnership or contract of employment between the parties.
15.4 If any provision of the Micro-Site Contract that is not of a fundamental nature is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Micro-Site Contract shall not be affected thereby.
15.5 Neither party has entered into the Micro-Site Contract in reliance on any warranty, representation or undertaking of the other party (whether implied or expressed) other than those warranties, representations and undertakings expressly set out herein.
15.6 The Micro-Site Contract represents the entire understanding between the parties and supersedes all prior agreements relating to the subject matter hereof.
[top]