1 Introduction
1.1 The terms are incorporated into each agreement entered into between WFA and the customer whether or not the advertising order form or any other document refers to these terms.
1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:
"WFA" means the Western Front Association.
"Advertiser" means the person or company identified on the advertising order form.
"Order" means the advertising order form.
"Website" means the WFA website.
2 Terms of payment
Payments are to be made by Paypal only unless otherwise indicated by WFA. All payments to WFA hereunder shall be made in sterling and shall be exclusive of any VAT chargeable thereon which shall be payable by the advertiser in addition where applicable.
3 Acceptance
Acceptance of advertising is subject to space availability upon receipt of Order by WFA.
3.1 Receipt of payment by WFA will be considered as acceptance of Order and these terms.
3.2 Receipt of email confirmation of Order will be considered as acceptance of these terms.
4 Advertiser's Representations
The advertiser warrants and represents to WFA that:
4.1 It has the right to publish the contents of the advertisement without infringement of any rights of any third party including, without limitation, intellectual property rights;
4.2 It has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;
4.3 It will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by WFA.
The advertiser agrees to indemnify WFA immediately on demand and hold it harmless against any and all expenses, damages and losses of any kind (including legal fees and costs) incurred by WFA in connection with any claims, actual or threatened, of any kind arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services.
5 Content
5.1 WFA reserves the right to re-design parts of or the entire website as detailed in the Order and to re-position advertising and sponsorship accordingly without prior notice.
5.2 Positioning of advertisements is at the sole discretion of WFA except where a request for a specific preferred position is acknowledged by WFA in writing. Material must be received by the agreed date, otherwise position may be lost or reduced.
5.3 WFA may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline.
6 Cancellation Policy
Any advertisement can be cancelled without charge up to 30 days before the scheduled start date. Non-banner advertisements, company profiles and directory listings (where available) can be cancelled without charge up to 30 days before the scheduled start date. Cancellation damages of 50% of the contract amount will be due and payable to WFA by the advertiser if cancellation occurs less than 30 days before the scheduled start date.
7 Control
All content of advertisements are subject to WFA's approval. WFA reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by WFA, or reject any URL link embodied within any advertisement.
8 Notification
8.1 WFA will notify the advertiser by email that their advertisement has been added to the website.
8.2 The agreed duration will begin from notification by WFA.
8.3 The advertiser must notify WFA immediately by email of any inaccuracy or changes that need to be made.
8.4 The content of all advertisements incorporating data provided by a third party is not subject to the advertiser's prior approval but no warranty is given by WFA with relation to the accuracy of such advertisements. WFA does not undertake to review the contents of any advertisements and any such review of, and approval by WFA shall not be deemed to constitute an acceptance that such advertisement is provided in accordance with these terms, nor shall it constitute a waiver of WFA's rights hereunder. WFA makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser's sole remedy is for WFA to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.
9 Rates
All orders are accepted subject to provisions of the current rates. Rates are subject to change upon notice from WFA. In the event of a rate increase during the period of the order, the advertiser will have the option to cancel the remaining period of the order with one month's notice or as of the date of the rate increase, whichever period is the shorter,without penalty or continue the order at the revised rate.
10 Limitation of Liability
10.1 WFA will not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:
any economic losses;
any loss of goodwill or reputation;
any special or indirect or consequential losses;
In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that WFA will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of WFA, the advertiser or a third party).
10.2 Nothing in these terms and conditions shall exclude or limit WFA's liability for death or personal injury resulting from its negligence or that of its servants or agents.
10.3 Subject to the above, the liability of WFA in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 8 above or in the event that WFA fails to electronically publish an advertisement, the advertiser's sole remedy and the online publisher's entire liability to the advertiser shall be limited at WFA's sole discretion to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
10.4 The advertiser acknowledges that any website on which an advert is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. WFA makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
10.5 WFA is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of WFA.
11 Miscellaneous
11.1 These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.
11.2 The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not effect or impact the continuation in force of the remainder of these terms and conditions.
11.3 Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
11.4 These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
