BioPortfolio Advertising Agreement
STANDARD TERMS AND CONDITIONS FOR INTERNET ADVERTISING
1. Orders for publication of advertisements ("Advertisements”) on the www.bioportfolio.com, www.bioportfolio.co.uk and www.bioportfolio.net websites ("Websites") are accepted by BioPortfolio Limited ("BIOPORTFOLIO") on the following terms and conditions ("Terms").
2. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
3. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and for Website Advertisements, in accordance with the Website technical specification.
4. BIOPORTFOLIO may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement. BIOPORTFOLIO may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising on the Websites. The Advertiser will remain responsible for all outstanding charges.
5. The publication of an Advertisement by BIOPORTFOLIO does not mean that BIOPORTFOLIO accepts the Advertisement has been provided in accordance with these Terms or that BIOPORTFOLIO has waived its rights under these Terms.
Content of the advertisement
6. The Advertiser guarantees to BIOPORTFOLIO that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of BIOPORTFOLIO or the Websites; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
7. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with BIOPORTFOLIO and the Advertiser will compensate BIOPORTFOLIO for any claim made by such advertiser against BIOPORTFOLIO.
8. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card and specificed on the Insertion Order BIOPORTFOLIO may change its rates at any time by publishing the modified rates on the website. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
9. All sums payable to BioPortfolio Ltd (BIOPORTFOLIO) should be made in accordance with BIOPORTFOLIO Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. BIOPORTFOLIO's standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the BIOPORTFOLIO Accounts Receivable Team Leader. BIOPORTFOLIO may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
10. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Doubleclick will be final and binding.
11. BIOPORTFOLIO agrees that all Advertisements will be targeted at individuals specified in the Insertion Order.
12. Where non-UK targeting is required, BIOPORTFOLIO will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
13. BIOPORTFOLIO cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, BIOPORTFOLIO shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
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. 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.
Liability of BIOPORTFOLIO
15. BIOPORTFOLIO accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to BIOPORTFOLIO or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to BIOPORTFOLIO.
16. BIOPORTFOLIO shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
17. BIOPORTFOLIO cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of BIOPORTFOLIO. However, BIOPORTFOLIO will use reasonable efforts to comply with the wishes of the Advertiser.
18. If a booked Advertisement is not published at all solely due to a mistake on BIOPORTFOLIO's part, BIOPORTFOLIO will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
19. If the Advertisement as reproduced by BIOPORTFOLIO contains a substantial error solely due to a mistake on BIOPORTFOLIO's part, BIOPORTFOLIO shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. BIOPORTFOLIO shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform BIOPORTFOLIO of any errors and provide any necessary assistance to BIOPORTFOLIO to prevent a repeat of the error.
20. BIOPORTFOLIO shall not be responsible, under any circumstances, 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 BIOPORTFOLIO and the Advertiser, and BIOPORTFOLIO's maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
21. In respect of Advertisements on the Websites, BIOPORTFOLIO does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, BIOPORTFOLIO will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements 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 BIOPORTFOLIO.
22. For the avoidance of doubt, nothing in these Terms will limit or exclude BIOPORTFOLIO's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
23. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
24. The Advertiser will fully reimburse BIOPORTFOLIO 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 BIOPORTFOLIO in accordance with these Terms.
25. BIOPORTFOLIO owns the copyright in all Advertisements written or designed by it or on its behalf.
26. The Advertiser grants BIOPORTFOLIO the right (free of charge) to:
(i) use such of the Advertiser's names, trade marks and/or logos as BIOPORTFOLIO may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published on the Websites for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at BIOPORTFOLIO's sole discretion.
27. The Advertiser may cancel an Advertisement provided that notice in writing is received by BIOPORTFOLIO within 28 days of the start date specificed in the Insertion Order. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable, by email to email@example.com. Cancellation will only be effective on confirmation of receipt of your notice.
28. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, BIOPORTFOLIO may treat the order as cancelled.
29. Any person who is not a party to these Terms will have no rights to rely upon or enforce any of these Terms.
30. If BIOPORTFOLIO fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
31. Subject to clause 23, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
Last updated: February 22rd 2013