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“Advertisement”: the advertisement, banner advertisement, press release or other paid for sponsorship, mini-site or promotion bearing the Customer Branding which the Customer wishes to appear on the Web Site, or the Newsletter bearing the Customer Branding which the Customer wishes France Media Group to send by e-mail to Newsletter Subscribers, as the case may be.
“Agreement”: the agreement between France Media Group and the Customer on these terms and conditions and any Special Conditions.
“Copy”: the style and form in which the Advertisement will appear on the Web Site or in a Newsletter, as determined by this Agreement and any Special Conditions and as agreed from time to time between France Media Group and the Customer.
“Customer” the person named as such on the Order Confirmation Form.
“Customer Branding”: the branding of the Customer which may appear in the Advertisement.
“Duration”: the period for which the Advertisement will appear on the Web Site.
“Magazine”: any printed publication owned by France Media Group Ltd in which the Advertisement appears.
“Order Confirmation Form”: the order confirmation form to which these terms and conditions are attached.
“Newsletters”: e mails sent by or on behalf of France Media Group to Newsletter Subscribers.
“Newsletter Subscriber”: a user of the Web Site who has registered with France Media Group to receive Newsletters.
“Price”: the price payable by the Customer, as set out on the Order Confirmation Form.
“Release Date”: the date on which a Newsletter containing an Advertisement is due to be released, as agreed between the parties.
“France Media Group “: France Media Group Ltd (registered no. 2814734) whose Head Office and registered office is at Cambridge House, Henry Street, Bath, BA1 1JS
“Special Conditions”: any conditions contained in the Order Confirmation Form.
“Special Instructions”: the details regarding the size and positioning of the Advertisement on the Web Site or Newsletter and other terms set out on the Order Confirmation Form.
“Unacceptable”: in respect of any Advertisement, means that it is inaccurate, contravenes any law or code of practice relating to the content of advertisements generally, infringes the intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Web Site, the Newsletter service or the Internet in general.
“Web Site”: the presence of FrenchEntrée.com, FranceToday.com or any of their associated sites on the world wide web identified in the Order Confirmation Form.
By submitting material for the Advertisement to France Media Group and/or paying the Price, the Customer accepts these terms and authorises France Media Group to publish the Advertisement on the Web Site or in a Newsletter or Magazine, as the case may be, once the Copy has been submitted to France Media Group.
3. Obligations of the Customer
3.1 To pay the Price on immediate receipt of a VAT invoice from France Media Group and in any event no later than the date on which the Advertisement is to appear on the Web Site or in a Newsletter or Magazine, as the case may be. If the Customer does not pay the Price within 30 days of receipt of invoice France Media Group may (at its discretion) charge interest at the rate of 3% above the base rate of National Westminster Bank Plc from the date of due payment until the date of actual payment, terminate this Agreement, remove the Advertisement from the Web Site or Newsletter or all of these. The above terms apply unless otherwise specified in writing on the order confirmation form.
3.2 To indemnify France Media Group against all losses, costs, claims, damages or other expenses that France Media Group incurs as a result of breach by the Customer of any of these terms, or as a result of any third party claims which France Media Group receives as a result of the Advertisements.
3.3 To acknowledge that France Media Group retains full editorial control over all Advertisements and that France Media Group will own all copyright in the Advertisements, save that France Media Group shall not own any Customer Branding.
3.4 To provide all materials for the Advertisement (including, without limitation, PDF, GIF and JPEG files) in accordance with the procedures required by France Media Group from time to time.
4. Obligations of France Media Group
4.1 To use reasonable endeavours to ensure that the Advertisement features on the Web Site for the Duration, or, in the case of Newsletters or Magazines, on the Publication Date, and in each case in accordance with the Special Instructions.
4.2 To use reasonable endeavours to ensure that the Web Site is accessible to users of the world wide web for a minimum of 140 hours each week.
4.3 France Media Group does not guarantee any levels of response to the Advertisement.
5. Rights of France Media Group
5.1 The Customer warrants that the Advertisement is not Unacceptable. If France Media Group at any time considers that the Advertisement is Unacceptable France Media Group may remove the Advertisement from the Web Site or Newsletter or Magazine, as the case may be. In this case France Media Group will not refund any part of the Price to the Customer.
5.2 The Customer warrants that the Customer Branding will not infringe the intellectual property rights of any third party.
5.3 France Media Group reserves the right to change the format of the Web Site, Newsletter or Magazine as France Media Group sees fit. If France Media Group decides to discontinue the Web Site or Magazine then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.
5.4 France Media Group reserves the right to terminate this contract with immediate effect by giving written notice of this to the Customer. If France Media Group decides to terminate the contract then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.
Cancellations received prior to the Advertisement or a series of Advertisements appearing on the Web Site or in a Newsletter or Magazine will be liable for an administrative fee. No cancellations can be accepted 30 days after payment or a signed booking form.
7.1 France Media Group shall not be liable to the Customer for any indirect or consequential losses or damage suffered by the Customer including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether France Media Group knew or ought to have known of the possibility of that loss.
7.2 France Media Group shall not be liable for any losses, damage or expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the Customer as a result of the Web Site not being accessible to users of the world wide web for any period of time or as a result of any Newsletter or Magazine not having been received by any subscriber.
7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of France Media Group ‘s liability for any losses, expenses or damages incurred by the Customer in relation to this Agreement (whether in tort, contract or otherwise) shall be equal to the Price paid by the Customer to France Media Group under this Agreement.
7.4 France Media Group shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
7.5 France Media Group will use reasonable efforts to comply with the Customer’s requested start and end dates for display of the Advertisement but cannot warrant that these dates will be met.
8. Other Conditions
8.1 Any re-submission of the Advertisement by the Customer will be deemed to be a new Advertisement for which the Customer must repay the Price.
8.2 If there is any conflict between these terms of advertising and the Special Conditions, the Special Conditions shall prevail.
8.3 Even if the Customer is acting as an advertising agency or other representative, it enters into this Agreement in its own right as principal and not as an agent.
8.4 The Customer shall not assign, transfer or resell its rights under this Agreement.
8.5 Unless otherwise stated in any Special Conditions, the positioning of the Advertisement on the Web Site or in the Newsletter or Magazine is to be determined by France Media Group.
9. Submission of Advertisements
9.1 The Special Conditions refer to the methods by which the Customer can submit Advertisements to France Media Group. These methods are as follows:-
9.1.1 Submission by France Media Group. This involves the Customer sending the Advertisements to France Media Group so that France Media Group can post the Advertisements onto the Web Site or, in the case of Advertisements to be published in a Newsletter or Magazine, send them by e-mail to Subscribers.
9.2.2 Submission by Customer. This involves the Customer posting the Advertisements to the Web Site directly in accordance with procedures specified by France Media Group. This method is available where the customer has ordered certain kinds of classified advertising or a “weblet” mini-site with France Media Group.
10. Exclusion of Third Party Rights
Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11. Governing law
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.