1. These are the terms and conditions (“Terms”) applying to the publication of Adverts (as defined in paragraph 2 below) by Finito Education Limited (“Finito”) .
2. These Terms apply to:
(a)printed advertisements in Finito’s periodic printed magazines (“Magazines”); and
(b) banner advertisements on Finito Education Limited’s website www.finitoworld.com (the “Website”);
(together “Adverts”) .
3. By placing an order for the Advert that customer (the “Advertiser”) accepts and agrees to be bound by these Terms in full.
4. All Adverts are accepted on the basis that they will be paid for at the prevailing rates set out in the Rate Card.
5. Finito may change these rates at any time by publishing the revised rates in an amended version of these Terms. Any changes will take effect immediately but will not apply to any orders for Adverts made prior to the date of such change.
6. Payment in full in cleared funds will be required by Finito for all Adverts prior to the booking being confirmed.
7. In the case of Adverts to be published in a Magazine Finito will provide the Advertiser with an invoice with payment due on the earlier of 14 days from the invoice or such earlier deadline as is notified by Finito. In the event payment in full is not received before the due date for payment Finito shall without further notification to the Advertiser be entitled not to publish the Advert in the Magazine. The Advertiser will remain responsible for all outstanding charges and in addition Finito shall be entitled to charge interest on late payment accruing daily on the unpaid sum at the rate of 4% above the base rate from time to time published by the Bank of England.
8. In the case of Adverts to be published on the Website Finito will provide the Advertiser with an invoice with payment due on the earlier of 14 days from the invoice or such earlier date for publication as is agreed between the Advertiser and Finito. In the event payment in full is not received before the due date for payment Finito shall be entitled not to publish the Advert on the Website, if already published withdraw the Advert from the Website. The Advertiser will remain responsible for all outstanding charges and in addition Finito shall be entitled to charge interest on late payment accruing daily on the unpaid sum at the rate of 4% above the base rate from time to time published by the Bank of England.
9. Finito shall be entitled in its sole discretion to:
(a) reject, remove or suspend any Advert;
(b) require any Advert provided by an Advertiser to be amended;
(c) change the position of any Advert
that Finito considers unsuitable or contrary to these Terms.
10. Finito shall be entitled to refuse to publish any Advert for any Advertiser who owes any outstanding sum in respect of any other Adverts.
11. The Advertiser warrants and represents to Finito that:
(a) as regards the name or image of any person whose name or image (in whole or in part) is contained in any Advert. the Advertiser has obtained the consent of that person to such name or image being so contained;
(b) as regards the name or image of any corporate entity whose name or image (in whole or in part) is contained in any Advert. the Advertiser has obtained the consent of that corporate entity to such name or image being so contained;
(c) all and any information supplied by the Advertiser or on its behalf in connection with any Advert is accurate, complete, true and not misleading;
(d) any Advert and its contents will not be prejudicial to the image or reputation of Finito and will not contain anything which Finito in good faith considers to be offensive or otherwise inappropriate;
(e) any Advert and its contents will not be contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(f) any digital Advert submitted for publication by an Advertiser online will comply with:
(i) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK; and
(ii) the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii), each as may be updated from time to time.
(g)any digital Advert submitted for publication by an Advertiser online will be free of viruses, adware, malware, bit torrents; and
12. Finito agrees that all Adverts will be targeted in the UK unless otherwise agreed in writing between the parties at the time of booking.
13. Where non-UK targeting is required, Finito will endeavour to target the Advert at individuals in the geo-location specified at the time of booking.
14. The Advertiser waarants and represents to Finito that any landing page and/or destination site linked to from the Adverts (the “Advertiser’s Site”) will:
(a) be legal, honest and truthful;
(b) not be libellous;
(c) not be contrary to the provisions of any applicable law, regulation or code of practice;
(d) not be obscene;
(e) not infringe the rights of any person (including any person’s intellectual property rights);
(f) not be prejudicial to the image or reputation of Finito or the Website;
(g) be free from viruses, adware, malware, and/or bit torrents;
(h) not cause an adverse effect on the operation of the Website; and
16. Finito and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by Finito will be treated as the confidential information of the Advertiser and will not be disclosed by Finito to any third party (other than Finito’s service providers for the purpose of Finito complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
17. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
18. The Advertiser will fully indemnify Finito from and against all investigations, claims, fines, losses, damages, liabilities and costs including legal fees arising:
(a) as a result of any breach by the Advertiser of paragraph 11 or any other breach or failure by the Advertiser to comply with any of these Terms; and/or
(b) the use or publication of the Advert from the Advertiser by Finito in accordance with these Terms.
19. Finito shall have no responsibility for any interruption or delay the Advertiser experiences in delivering any Advert copy to Finito or any loss or damage to any Advert copy or any other materials.
20. As regards Adverts on the Website, Finito will use its reasonable endeavours to ensure that the Website is up and running but does not guarantee continuous, uninterrupted access by users of the Website.
21. Finito will not be responsible for any failure or delay affecting production or publication of any Magazine or the transmission of the Website and any Adverts contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Finito.
22. While Finito shall use reasonable endeavours to reproduce Adverts to the quality provided by the Advertiser it does not guarantee that the Advert will be of the same quality.
23. While Finito shall use reasonable efforts to comply with the wishes of the Advertiser as regards the times, dates and/or position of Adverts Finito does not guarantee the time, dates and/or position of such Adverts and all such decisions will be at the sole discretion of Finito.
24. If an Advert provided by an Advertiser and as reproduced by Finito contains a substantial error due solely to a mistake by Finito, Finito shall at no additional cost to the Advertiser re-publish the Advert on the Advertiser’s written request.
25. Finito will not be responsible for or have any liability to the Advertiser in respect of any additions to, changes in, deletions from, delays in publication or withdrawal of any Advert required by any authority having responsibility for the regulation of online or press advertising.
26. In the event that a booked and fully paid for Advert is not published at all as a result of an error solely on the part of Finito, Finito will use reasonable endeavours to offer an alternative publication date for the Advert. If the alternative date is not accepted by the Advertiser the original booking will be cancelled and the Advertiser will be entitled to a refund of what it has paid in respect of the publication of that Advert. This refund shall be the Advertiser’s sole remedy for failure to publish the Advert.
27. Nothing contained in these Terms will limit or exclude Finito’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded under English law.
28. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
29. In no circumstances shall Finito be responsible for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Finito and the Advertiser, and Finito’s maximum total liability for any loss or damage arising out of or in relation to any Advert whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advert actually paid by or on behalf of the Advertiser.
30. Finito owns the copyright in all Adverts written or designed by it or on its behalf.
31. The Advertiser grants Finito the right without charge to use such of the Advertiser’s names, trade marks and/or logos as Finito may consider necessary for the purposes of publishing an Advert.
32. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Finito may treat an order for an Advert as cancelled by the Advertiser.
33. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together the “Analytics Data”), it shall notify Finito in advance of booking an Advert and provide all information requested by Finito regarding such Data Collecting Technology.
34. If Finito agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, Finito will provide written authorisation to the Advertiser and subject to this the Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to Finito.
35. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by Finito and will not be disclosed by the Advertiser to any third party without the prior written consent of Finito.
36. In no event shall Data Collecting Technology or the data collected from the Advertiser:
(a) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or
(b) be combined with information collected from other sources; in each case except where Finito has given agreement in writing.
37. Finito reserves the right to scan the Advert to ensure Advertiser’s compliance with these Terms.
38. The Advertiser shall procure that all other partners and entities in the supply chain with which the Advertiser works or contracts in relation to an Advert (the “Advertiser Partners”) shall comply with these Terms.
39. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between Finito and the Advertiser.
40. These Terms and any documents referred to and therefore incorporated by reference to them shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of any Advert (including, without limitation, terms in any insertion or purchase order, email or acknowledgement).
41. Save as set out in these Terms all warranties and representations, whether express or implied, are excluded.
42. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
43. The failure or delay by Finito in exercising its rights or remedies hereunder shall not be deemed to have waived that or any other right or remedy under these Terms.
44. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership.
45. Neither Finito nor the Advertiser shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other or hold itself out as having authority to do the same.
46. These Terms comprise the entire agreement between the Advertiser and Finito in respect of the Adverts and no modification to these Terms will be effective unless made in writing and signed by both Finito and the Advertiser.
47. These Terms and any non-contractual obligations arising in connection with them shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and any non-contractual obligations arising in connection with them.