papertree digital

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Advertiser terms of use

Definitions

  1. The Supplier, us, we, ours: John Good Limited trading as Papertree Digital, whose registered office is at Court Farm Barns, Medcroft Road, Tackley, Oxford. OX5 3AL, and the Supplier's employees and sub-contractors.
  2. The Advertiser, and the Advertiser's employees, sub-contractors and agents.
  3. Advertisement: an online display advertisement in Skyscraper, Leaderboard or MPU format and any other pre-agreed format.
  4. The Websites: the websites operated by the Publisher upon which we sell Space.
  5. Space: any area on the Websites which is available for the display of Advertisements.
  6. Insertion: the format, duration, position and number of impressions (as appropriate) agreed for the Advertisement by the Advertiser for a fee confirmed in writing (via email, fax or letter) by the Supplier and approved in writing (via email, fax or letter) by the Advertiser.
  7. From date: the date from which your Advertisements will appear on the Websites.
  8. To date: the date upon which your Advertisements will no longer appear on the Websites
  9. Services: the Services to be provided by the Supplier to the Advertiser (the rotation of an Advertisement and the design of an Advertisement (as appropriate).
  10. These conditions shall apply to all Advertisements. No other condition will be valid unless given in writing by the Supplier and marked with the signature of an approved employee of the Supplier.
  11. The Supplier reserves the right to amend this agreement from time to time. The current version of this agreement can be found at the Supplier's website (http://www.papertreedigital.com).
  12. Advertisements are accepted subject to the approval of the Supplier and the Publisher.
  13. Advertisements are accepted subject to available Space.
  14. The Supplier or the Publisher reserves the right to refuse or remove an Advertisement at their discretion, without explanation and without accepting any claim for damages or breach of contract.
  15. If an Advertisement is removed by the Advertiser, the Advertiser is liable for the agreed Insertion cost.
  16. The Publisher reserves the right to change any aspect of its Websites at any time without explanation or notice, including the right to remove Websites. The Advertiser reserves the right to cancel Insertions if these changes are deemed unacceptable unless the changes are temporary or beyond the control of the Publisher.
  17. The Supplier cannot be held liable for any loss or damage caused due to errors in the Advertisement artwork or if the Advertisement does not appear as agreed within the Insertion agreement.
  18. Neither the Publisher nor the Supplier makes any guarantees regarding the availability of the Websites, or the banner rotation servers which control the appearance of the Advertisements. Neither the Publisher nor the Supplier shall be held liable for any loss of damage caused by Advertisements not appearing as agreed within the Insertion agreement due to any technical failure of the hardware, software or connectivity in regard to the Websites or the Newsletters.
  19. Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, the Supplier cannot guarantee to be able to replace lost data or to return its banner advertisement rotation system to working order within a given period of time.
  20. The Supplier makes no warranties or representations that any Service will be uninterrupted or error-free.
  21. The Supplier cannot guarantee positioning of Advertisements on the Websites unless explicitly agreed within the Insertion agreement. The Supplier cannot guarantee a number of impressions for Advertisements placed on the Websites unless explicitly agreed within the Insertion agreement.
  22. The Advertiser acknowledges that any usage statistics provided by the Supplier in respect to the number of page loads, visitors or other information relating to the Websites are indicative only, provided as a courtesy to the Advertiser and cannot be guaranteed. Neither the Supplier nor the Publisher shall be held liable for any claims relating to said usage statistics.
  23. All statistics used for reporting and costing are the responsibility of the Supplier.
  24. All statistics used for reporting and revenue sharing will be the sole responsibility of the Supplier. No other statistics can be used for the reporting of campaign successes without written permission from the Supplier.
  25. Any information collected by the Publisher relating to the usage of the Publisher's Websites (including and without limitation any personally identifiable transactional data, secure data or demographic information relating to users of the site) shall be the property of the Publisher and the Advertiser shall not obtain rights in such information.
  26. The Advertiser may request summary information regarding the performance of its Advertisements. In the case of Website Advertisements, the Advertiser may request the From date, To date, Number of impressions and Number of clicks.

Particulars

  1. These conditions shall apply to all Advertisements. No other condition will be valid unless given in writing by the Supplier and marked with the signature of an approved employee of the Supplier.
  2. The Supplier reserves the right to amend this agreement from time to time. The current version of this agreement can be found at the Supplier's website (http://www.papertreedigital.com).
  3. Advertisements are accepted subject to the approval of the Supplier and the Publisher.
  4. Advertisements are accepted subject to available Space.
  5. The Supplier or the Publisher reserves the right to refuse or remove an Advertisement at their discretion, without explanation and without accepting any claim for damages or breach of contract.
  6. If an Advertisement is removed by the Advertiser, the Advertiser is liable for the agreed Insertion cost.
  7. The Publisher reserves the right to change any aspect of its Websites at any time without explanation or notice, including the right to remove Websites. The Advertiser reserves the right to cancel Insertions if these changes are deemed unacceptable unless the changes are temporary or beyond the control of the Publisher.
  8. The Supplier cannot be held liable for any loss or damage caused due to errors in the Advertisement artwork or if the Advertisement does not appear as agreed within the Insertion agreement.
  9. Neither the Publisher nor the Supplier makes any guarantees regarding the availability of the Websites, or the banner rotation servers which control the appearance of the Advertisements. Neither the Publisher nor the Supplier shall be held liable for any loss of damage caused by Advertisements not appearing as agreed within the Insertion agreement due to any technical failure of the hardware, software or connectivity in regard to the Websites or the Newsletters.
  10. Whilst every attempt would be made in the unlikely event of any corruption or hardware failure, the Supplier cannot guarantee to be able to replace lost data or to return its banner advertisement rotation system to working order within a given period of time.
  11. The Supplier makes no warranties or representations that any Service will be uninterrupted or error-free.
  12. The Supplier cannot guarantee positioning of Advertisements on the Websites unless explicitly agreed within the Insertion agreement. The Supplier cannot guarantee a number of impressions for Advertisements placed on the Websites unless explicitly agreed within the Insertion agreement.
  13. The Advertiser acknowledges that any usage statistics provided by the Supplier in respect to the number of page loads, visitors or other information relating to the Websites are indicative only, provided as a courtesy to the Advertiser and cannot be guaranteed. Neither the Supplier nor the Publisher shall be held liable for any claims relating to said usage statistics.
  14. All statistics used for reporting and costing are the responsibility of the Supplier.
  15. All statistics used for reporting and revenue sharing will be the sole responsibility of the Supplier. No other statistics can be used for the reporting of campaign successes without written permission from the Supplier.
  16. Any information collected by the Publisher relating to the usage of the Publisher's Websites (including and without limitation any personally identifiable transactional data, secure data or demographic information relating to users of the site) shall be the property of the Publisher and the Advertiser shall not obtain rights in such information.
  17. The Advertiser may request summary information regarding the performance of its Advertisements. In the case of Website Advertisements, the Advertiser may request the From date, To date, Number of impressions and Number of clicks.
  18. The Advertiser warrants: a) that the Advertisement contains correct information, does not contravene an Act of  Parliament, is not illegal, is not defamatory, does not infringe the rights of any third party, does not infringe the British Code of Advertising Practice. b) that it has obtained all necessary copyright, permissions and agreements and that any consequential costs suffered by the Supplier or the Publisher because of failure by the Advertiser to comply with the above will be passed on in full.
  19. The Advertiser will indemnify the Supplier and the Publisher in full against any claim made against the Supplier or the Advertiser relating to an Advertisement.
  20. The Supplier reserves the right to increase its prices at any time. The Advertiser reserves the right to cancel any existing Insertion orders in the event of a price rise without incurring a cancellation fee.
  21. Advertisements cancelled more than fourteen (14) days before the scheduled start of a campaign as detailed in the Insertion agreement are subject to a 25% cancellation fee. Advertisements cancelled less than fourteen (14) days before the scheduled start of a campaign as detailed in the Insertion agreement are subject to a 50% cancellation fee.
  22. Insertion agreements can be amended at any time with the agreement of the Advertiser and the Supplier.
  23. The Supplier will invoice for payment at the time the Insertion is agreed by the Advertiser. The Advertiser will make payment within thirty (30) days of receipt of the invoice. In the event that the account becomes past due, in addition to such other remedies as it may have, the Supplier shall be relieved of its obligation to perform Services under this agreement and the full of the Agreement shall immediately become due and payable by the Advertiser. The Advertiser must also reimburse the Supplier for all expenses incurred in connection with the collection of amounts payable.
  24. Where the Supplier is required to undertake Advertisement design for the Advertiser, the Advertiser is responsible for supplying copy in good time and for approving proofs in good time. In the event of the Advertiser being unable to approve proofs for publication in good time for the From date of the campaign (as decided by the Supplier at its discretion) or in the event of the Advertiser making significant author's amendments to proofs (as decided by the Supplier at its discretion) or in the event of the Advertiser requiring an excessive number of proofing stages (as decided by the Supplier at its discretion), the Advertiser will be liable to additional fees, as decided by the Supplier.
  25. All Advertisement artwork which is designed by the Supplier for the Advertiser and which represents the creative work of the Supplier remains the property and copyright of the supplier.
  26. The Supplier shall not be responsible for any failure to provide any Services or perform any obligation under this agreement because of any act of God, strike, lock-outs or other industrial disputes whether involving the workforce of the Supplier (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
  27. These conditions and all other terms of the Agreement shall be governed and construed in accordance with English law, and disputes shall be settled in English courts.

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