Terms and Conditions - Display Advertising
Terms and Conditions - Display Advertising
Definitions and Acceptance of the Terms and Conditions
1. UCAS Media Limited (‘UCAS Media’) accepts responsibility for publishing online advertisements (the ‘Advertisements’) on www.ucas.com and/or careerfinder.ucas.com (the ‘Websites’), on the terms and conditions set out below (‘Terms’).
2. By placing an order, the organisation placing the order for Advertisements (the ‘Advertiser’) or the person placing the order for Advertisements on behalf of the Advertiser (the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms.
Delivery of Advertisements
3. Advertisement copy must be provided no later than the deadline specified and in accordance with the Website technical specification which can be requested by emailing ucasmedia@ucas.ac.uk.
4. Publication of an Advertisement on the Website does not mean that UCAS Media accepts the Advertisement has been provided in accordance with these Terms or that UCAS Media has waived its rights under these Terms.
5. UCAS Media may, in its sole discretion and without liability, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or move any such Advertisement. UCAS Media may refuse to publish any Advertisement for any Advertiser whose account is not fully paid at the date of posting. The Advertiser will remain responsible for all outstanding charges.
6. The Advertiser guarantees to UCAS Media that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not meant to mislead;
(ii) it has obtained the consent of any individual whose name or image (in whole or in part) is used in an advertisement to such use;
(iii) Advertisements will not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website, and will not include anything with UCAS Media reasonably considers to be offensive;
(iv) Advertisements comply with the provisions of any applicable law, regulation or codes of practice in operation and with the guidance of any relevant regulatory authority, are not libellous or obscene and do not infringe the rights of any person (including intellectual property rights);
(v) materials submitted for publication online will be free of any viruses, adware, malware, or any other form of code created with malicious intent adversely to effect the operation of the Website(s).
7. Where the Advertiser is not the owner or producer of a product or service advertised, the Advertiser guarantees that it is authorised by the owner or producer of a product or service to place the Advertisement and the Advertiser will indemnify and hold harmless UCAS Media in the event any claim is brought by such product owner or producer against UCAS Media.
Fees
8. Advertisements are accepted on the basis that they will be paid for at the rate agreed on the date of publication. We may change our rates at any time by publishing the modified rates at https://www.ucasmedia.com/careers. Rate changes take effect immediately and affect all Advertisements booked after the publication of the rate change.
9. All sums payable to UCAS Media Ltd (UCAS Media) should be made in accordance with our payment Terms & Conditions which are: UCAS Media will provide services on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. A Credit Application Form is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. Our standard payment terms are cleared funds 30 days from date of invoice. Payment must be received by the final working day immediately before any due date which falls on a weekend or bank holiday. As payment is due in cleared funds, under current banking conditions, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the date of posting. UCAS Media reserves the right to charge interest on late payment at 2% above the Bank of England base rate from time to time.
Advertisements
10. Advertisements will target individuals in the UK.
11. In the event of any disagreement regarding the number of impressions served, the figures provided by UCAS Media will be final and binding.
12. The Advertiser acknowledges and accepts that UCAS Media’s estimated number of impressions may reasonably exceed the number served by up to 12% and that UCAS Media offers no guarantee or warranty as to the number of impressions achieved within the campaign period.
13. If the number of impressions served during the campaign period is more than 12% less than the number of impressions booked by the Advertiser, UCAS Media shall, as the Advertiser's sole remedy and provided the Advertiser has notified UCAS Media of such under-delivery and requests, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. UCAS Media will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 12% or less. Where any such over-delivery exceeds 12%, UCAS Media will not be liable unless such over-delivery arises due to UCAS Media's act or omissions.
14. 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. There will be no reduction in the fee payable.
15. UCAS Media makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the Website on which Advertisements appear.
16. UCAS makes no guarantees or representations and gives no warranties as to the quality and/or suitability of the respondents to the Advertisements for any particular purpose whether or not stated by the Advertiser.
17. The Advertiser guarantees to UCAS Media that any landing page and/or destination site linked to from the Advertisements (‘Advertiser's Site’) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice, (iii) not be libellous or obscene or infringe the rights of any person (including intellectual property rights); (iv) not damage, demean or otherwise diminish the image or reputation of UCAS Media or the Website; (v) be free from viruses, adware, bit torrents and/or malware, or adversely effect on the operation of the Website(s), and (vi) comply with all applicable data protection and privacy laws, regulations and codes of practice.
18. If and to the extent that UCAS Media places cookies on devices of users of the Advertiser's Site(s) or uses data collecting technology to track impressions and related data (‘Advertiser Data’), UCAS Media shall notify the Advertiser and the Advertiser shall ensure that the Advertiser's Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
19. UCAS Media will use Advertiser Data solely in relation to the Advertiser's particular advertising campaign. Advertiser Data collected by UCAS Media will be treated as the confidential information of the Advertiser and will not be disclosed by UCAS Media to any third party (other than UCAS Media's affiliates, agents and professional advisers as required in complying with its obligations under these Terms) without the Advertiser’s approval.
Data Collecting
20. The Advertiser shall not use data collecting technology without UCAS Media’s written authorisation and agrees to use such data collecting technology and all data collected from it solely in the manner authorised by UCAS Media.
21. Any data collected by Advertiser through such data collecting technology will be confidential information owned by UCAS Media and will not be disclosed by the Advertiser without the prior approval of UCAS Media. In no event shall Advertiser use such data collecting technology or the data collected for the purpose of tracking or targeting users when they leave the Website or combine such data with information from other sources, without UCAS Media’s approval. Advertiser shall comply with UCAS Media’s privacy policy and all applicable laws and regulations with respect to data collection. The Advertiser shall delete all data collected from its servers within a reasonable period and if and as required by UCAS Media and/or authorised legal or regulatory authorities.
UCAS Media’s Liability
22. UCAS Media accepts no responsibility for any interruption or delay experienced in delivering any Advertisement copy to UCAS Media or any loss or damage to any materials. The Advertiser shall retain sufficient back-ups or copies of data and/or materials supplied to UCAS Media.
23. UCAS Media will not be responsible for any acts on its part which are required by any authority having responsibility for the regulation of online adverting.
24. UCAS Media cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of UCAS Media. However, UCAS Media will use reasonable efforts to comply with the wishes of the Advertiser.
25. If a booked Advertisement is not posted due solely to a mistake made by UCAS Media, UCAS Media will try to re-schedule the posting at the earliest available opportunity. If the revised timing is not acceptable to the Advertiser, the original booking will be cancelled UCAS Media will refund any fee paid by the Advertiser in advance. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
26. UCAS Media shall not be responsible for errors in the materials provided and it is the Advertiser's responsibility to inform UCAS Media of any errors, to resupply materials and to assist UCAS Media in preventing any repetition of the error.
27. UCAS Media shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving(s), loss of income and/or any indirect loss suffered by the Advertiser or any loss which could not be contemplated by UCAS Media and the Advertiser, and UCAS Media's maximum total liability for any and all loss(es) or damage arising in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total fee actually paid by or on behalf of the Advertiser for the relevant Advertisement.
28. UCAS Media does not guarantee continuous, uninterrupted access to the Advertisement(s) by users of the Websites but uses reasonable efforts to provide this. In addition, UCAS Media will not be responsible for any failure or delay affecting the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay is beyond the reasonable control of UCAS Media.
29. For the avoidance of doubt, nothing in these Terms will limit or exclude UCAS Media's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
30. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Advertiser’s Liability
31. The Advertiser accepts all liability for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by UCAS Media in accordance with these Terms.
Copyright and Intellectual Property
32. UCAS Media owns the copyright in all Advertisements it writes or designs and in those written or designed on its behalf.
33. The Advertiser grants UCAS Media the right (without fee or royalty):
(i) to use such of the Advertiser's names, trade marks and/or logos as UCAS Media may consider necessary for the purposes of publishing the Advertisements; and
(ii) to reproduce the Advertisement in any media at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at UCAS Media's sole discretion.
Cancellation
34. The Advertiser may cancel an Advertisement provided that notice in writing is received by UCAS Media within the relevant cancellation period which is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective once we have confirmed to you, receipt of your notice.
35. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, UCAS Media may treat the order as cancelled.
General
36. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
37. Any failure or delay on the part of UCAS Media in exercising its rights or remedies provided by these Terms, shall not be deemed as waiving that or any other right or remedy under these Terms.
38. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture or relationship other than one at arm’s length, between customer and supplier. Neither party shall have or hold themselves out as having the authority to act for, bind or otherwise create or accept any obligation on behalf of the other.
39. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and UCAS Media, and are the entire agreement between the Advertiser and UCAS Media in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
40. These Terms and the obligations, contractual and non-contractual arising from them, shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to any disputes which may occur between parties in relation to them.
V3.0 4 January 2016