MASTERFUL JACK LTD ADVERTISING TERMS
The following terms and conditions shall apply to all purchases of Advertising Inventory by a Client until these Terms are replaced or varied by Masterful Jack Ltd.
a) All Advertising Orders made by a Client shall be subject to these Terms. It is not necessary for any Client to have signed an acceptance of these Terms and Conditions for them to apply. If a Client accepts a proposal then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our Services implies that you have read and accepted our terms and conditions.
b) A separate Advertising Agreement shall arise in respect of each Advertising Order placed by a Client that is accepted by Masterful Jack.
c) No amendment to an Advertising Agreement will be binding or effective unless agreed in writing by Masterful Jack.
Advertising Copy means any item of advertising copy to be displayed in or across the Advertising Inventory.
Advertising Inventory means third-party commercial advertising space available to Masterful Jack Ltd, including but not limited to, online, television, radio, print and outdoor advertising.
Advertising Order means an offer made by the Client to Masterful Jack Ltd to purchase Advertising Inventory, which if accepted by Masterful Jack Ltd immediately forms a binding contact.
Client mean the company or individual buying Advertising Inventory through Masterful Jack Ltd.
Campaign Order means an order that is placed by the Client for Advertising Inventory, generally for non-online advertising.
Insertion Order means an order that is placed by the Client for Advertising Inventory, generally for online advertising.
MJL means Masterful Jack Ltd.
1. MJL shall have no obligation to accept any Advertising Orders submitted by anyClient. Accordingly, all Advertising Orders are subject to acceptance by MJL. MJL shall be entitled to accept an Advertising Order in such manner as it determines, including by writing, email, verbally or by submitting an invoice and/or request payment.
2. The first display or delivery date for advertising copy in fulfilment of an advertising order shall either be the date specified in the relevant Insertion/Campaign Order or such other date as the parties may agree, which must be confirmed and accepted in writing.
3. MJL reserves the right, in its sole discretion, to apply a late booking fee in the case of any Advertising Order that is made by the Client after the Copy Deadline but which is still accepted by MJL. The amount of any late booking fee shall be specified by MJL prior to acceptance of the Advertising Order and shall be payable within 14 days of the date of MJL’s invoice.
4. The Client shall be solely liable for ensuring that all Advertising Copy complies with all Applicable Laws and, where appropriate, has been cleared in accordance with good industry practice prior to delivery to MJL.
WARRANTIES AND INDEMNITIES
5. The Client represents, warrants and undertakes that:
a) it will obtain, maintain and pay for all necessary permits, licenses, authorisations and any other consents (whether statutory or otherwise) required to MJL for its obligations under these terms, including the transmission of all copyright materials, the appearances and performances of all persons and all music contained in any Advertising Copy;
b) Advertising Copy will not breach the rights, including intellectual property rights, of any third party;
c) all Advertising Copy will comply with applicable laws and it will comply with all applicable laws in connection with the performance of its obligations under or in connection with the Agreement;
d) no Advertising Copy will contain or give access to any viruses; and
e) no Copy will be misleading, defamatory, obscene, indecent or offensive.
f) The Client hereby indemnifies MJL against all actions, proceedings, costs, damages, expenses, penalties, claims, demands, losses and liabilities arising from any breach of these terms and any claim, threat, demand or proceeding against MJL as a result of any breach by the Client.
g) In the event of any challenge, enquiry, investigation or other correspondence by or from any Regulator in connection with the display of Advertising Copy, the Client shall at its own cost co-operate fully with MJL and provide such assistance as may be required by MJL.
6. The Client accepts that once a signed Insertion Order / Campaign Order has been submitted to MJL, the advertising campaign cannot be cancelled, unless otherwise agreed in writing by MJL.
7. Payment is required as per the terms of the Insertion Order / Campaign Order.
8. The Client agrees to pay the full amount as detailed within the Insertion Order / Campaign Order, irrespective of the advertising campaign not running, as a result of the Client missing Advertising Copy deadlines or payment deadlines.
9. Each Advertising Order will be governed and construed in accordance with the laws of England and Wales and any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the courts of England and Wales.