Advertising Terms & Conditions
Types of Payments Accepted
Acceptance of advertising is subject to space availability upon receipt of signed contract or order form by Jovian Ltd. Receipt of a confirmation by email and/or receipt of an order form will be considered as acceptance of terms & conditions of the contract.
Unless otherwise specified online advertisements will commence on the 1st day of each month. Should an advertiser request a different start date, the date of invoicing will still be deemed to have commenced at the beginning of that month.
Conditions of advertising
The advertiser warrants and represents to Jovian Ltd that:
a) 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;
b) 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;
(c) 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 Jovian Ltd.
The advertiser agrees to indemnify Jovian Ltd. forthwith on demand and hold Jovian Ltd. harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by Jovian Ltd. in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) 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..
The advertiser will defend or settle at its own expense any action or other proceedings brought against Jovian Ltd. that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. Jovian Ltd. shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to Jovian Ltd.) and shall not enter into any settlement or compromise of any such claim without the advertiser’s prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by Jovian Ltd. in any such action or proceedings.
Jovian Ltd. 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. Positioning of advertisements is at the sole discretion of Jovian Ltd. except where a request for a specific preferred position is acknowledged by Jovian Ltd. in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.
Any campaign can be cancelled without charge up to 30 days before the scheduled start date of the campaign. Non-banner advertisements, company profiles and directory listings (where available) can be cancelled without charge up to 30 days before the scheduled start of the campaign. Cancellation damages of 50% of the advertising contract amount will be due and payable to the online publisher by the advertiser if campaigns are cancelled by the advertiser less than 30 days before the scheduled start date of the campaign. After a campaign has started all advertisements must run their contracted duration as per the insertion order form.
All contents of advertisements are subject to approval by Jovian Ltd. Jovian Ltd 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 Jovian Ltd, or reject any URL link embodied within any advertisement.
Jovian Ltd. will notify the advertiser by email that their advertisement has been added to the website.
The agreed duration will begin from notification by Jovian Ltd.
The advertiser must notify Jovian Ltd. as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.
The content of all adverts incorporating data provided by a third party is not subject to the advertiser’s prior approval but no warranty is given by Jovian Ltd. with relation to the accuracy of such advertisements. Jovian Ltd. does not undertake to review the contents of any advertisements and any such review of, and approval by, Jovian Ltd. shall not be deemed to constitute an acceptance by Jovian Ltd. that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of Jovian Ltd. rights hereunder. Jovian Ltd. 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 Jovian Ltd. to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.
All advertising orders are accepted subject to provisions of the current rate card. Rates for advertising on www.abrasiveshub.com are subject to change without notice from Jovian Ltd. Agreed prices quoted will be honoured for the valid period of the quote.
Limitation of Liability
Jovian Ltd. will not be liable, in contract, tort (including, without limitation, negligence), 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 (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
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 Jovian Ltd. 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 Jovian Ltd, the advertiser or a third party).
in the event that Jovian Ltd. fails to electronically publish an advertisement, the advertiser’s sole remedy and Jovian Ltd. entire liability to the advertiser shall be limited at the online publisher’s option 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.
The advertiser acknowledges that display of the advertisement on www.abrasiveshub.com is provided on an “as is” and “as available” basis without any representation or endorsement. Jovian Ltd. 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.
Jovian Ltd. is not liable for delays in delivery and/or non-delivery in the event of any situation beyond its control.
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.
The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
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.
These terms and conditions shall be governed by and construed in accordance with Irish law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
- Orders must be delivered at least three business days prior to the start of an insertion term
- All other advertising copy and material must be delivered at least three business days prior to the start
- All adverts are uploaded by the 1st working day of each month, unless otherwise stated