Terms & Conditions
MediaVantage is committed to delivering a privacy-friendly website experience on yourmediavantage.co.uk
The following terms and conditions apply to the use of MediaVantage’s website. Please read carefully. By accessing this website you are deemed to have agreed to the following terms and conditions.
The terms ‘MediaVantage’, ‘YourMediaVantage’,‘us’, ‘our’ and ‘we’ refer to MediaVantage Limited, the owner of this website, whose registered office is:
MediaVantage Limited, G37 Incubation Centre, Aycliffe Business Park, Newton Aycliffe, DL5 6XP
Company Registration No: 07973120
Contact Details: Liz@yourmediavantage.co.uk
Telephone: +44 (0) 1325 327 368
The terms ‘you’ and ‘your’ refer to the user, viewer or visitor of this website.
The terms ‘website’ and ‘site’ refer to yourmediavantage.co.uk
Visitors to this site should also read our Privacy and Cookies Policy.
If you have any questions about our terms and conditions then please contact MediaVantage using the above contact details. If you do not wish to accept these terms and conditions you should not use this site.
The use of this website is subject to the following terms and conditions:
Privacy and Cookies
Transfer of Rights
Events outside of our control
- Privacy and Cookies
You can find out more about how we store and use your personal data in our Privacy and Cookies Policy, which forms part of these terms and conditions.
- Intellectual Property
The content of this website is the copyright of MediaVantage. Pages of this site may be printed or downloaded if in full, unmodified and our copyright or trademark notice is included in all copies. Our content must not be permanently stored or used by others for commercial gain. No part of this website may be reproduced without our prior written permission.
Nothing in these terms and conditions is intended to limit or exclude any liability on the part of MediaVantage for fraud or for negligence causing death or personal injury or to the extent that applicable law prohibits such exclusion or limitation. We take reasonable care to ensure the content of our site is accurate when posted. We do not accept liability for any errors or omissions on this site or for any loss or damages arising from using this site. We do not warrant that the use of this site will be without delay or free from errors, omissions or viruses. Your use of any information or materials on this site is entirely at your own risk, for which we shall not be liable.
- Transfer of Rights
You may not assign, sub-licence or otherwise transfer any of your rights and obligations in the terms and conditions to any other person.
5.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
5.1.1 any breach by you of the warranties contained in clause 3; and
5.1.2 any claim made against us for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.
- Events outside our control
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 6.2.
6.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
6.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
6.3.1 we will contact you as soon as reasonably possible to notify you; and
6.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
We reserve the right to make changes to these terms and conditions, the content of our website or to suspend or terminate the provision of this website at any time, without notice and for any reason. Any changes to the terms and conditions will be made on this page.
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Unauthorised use of this site may give rise to a claim for damages and / or be a criminal offence.
Terms and Conditions
The following Terms and Conditions are binding upon the Customer and MediaVantage Limited ( “the Company”). We hereby agree that the insertion order, agreement, or other contract (the “Agreement’) created, displayed and/or broadcast advertising content or material for Advertiser (the “Advertisement”) is expressly subject to the following Terms and Conditions except to the extent that Advertiser and MediaVantage otherwise agree in writing. In addition, to the extent the Advertisements include web, mobile or other digital distribution, the Agreement is also subject to the current legally accepted advertising terms and conditions to the extent where they are required by Law, no further condition, warranty, guarantee, undertaking, representation, or statement (whether oral or written) not contained in these Conditions shall be binding upon the Company. These Conditions shall prevail notwithstanding any terms or conditions of any order submitted by the Customer. These Conditions are to be interpreted and applied entirely subject to the provisions of the Unfair Contract Terms Act 1977.
The prices quoted are subject to change on or after the acceptance of an order if any modification or extra work is required by the Customer and is carried out by the Company. The prices quoted are exclusive of any Value Added Tax, of delivery, postage, packing, carriage and insurance charges and when deliveries are undertaken by the Company this will be charged as an extra, which the Customer will pay. All quotations are valid for thirty days only unless otherwise stated in writing.
Prices may be subject to revision to take account of intervening changes including material costs, labour charges and rates of exchange which may arise after the date of the estimate. Although MediaVantage Limited will make every effort to inform the Customer of any changes, it reserves the right to make alterations without prior notice. All costs refer to services actually included in the estimate.
Work carried out whether experimentally or otherwise at the Customer’s request will be charged to the Customer.
A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
Corrections including alterations in style and the cost of additional proofs necessitated by such corrections will be charged extra. Proofs of all work may be submitted for the Customer’s approval and in that event no responsibility will be accepted for any areas in them not corrected by the Customer.
Payment is usually required within 30 days of the date of invoice, unless other written arrangements have been made. The Company may require pre-payment on some accounts. The Company will, at its discretion, levy a charge per month on all amounts outstanding after 30 days from date of invoice. Where work is suspended or delayed by the client for over 30 days, payment for work already carried out will become due. Should expedited delivery be agreed and necessitate overtime or other additional cost an extra charge may be made by the Company.
Jobs are billed once complete. If there is a delay on completion of longer than 14 days the jobs will be billed to date and can be picked back up as and when necessary. Media bookings are billed by calendar month.
Without prejudice to the Company’s other remedies the Company shall, in respect of all unpaid debts due from the Customer, have a general lien on all goods and property in its possession (whether worked or not) and shall be entitled on the expiration of fourteen days written notice to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.
Campaigns, especially media, will be governed by the cancellation policies outlined at the time of booking. MediaVantage reserve the right to terminate an Agreement at any time upon notice to Advertiser if Advertiser breaches any provision of this Agreement. Any such termination will not release the Advertiser from its obligation to pay amounts owed hereunder, which amounts will become immediately due. This Agreement is not cancellable by Advertiser. Any dispute by the Advertiser with any service or invoice provided should be raised in writing within 30 days from the date of invoice. Failure to report any such dispute within such time shall constitute a waiver of any claim by Advertiser with respect to such dispute. No change, waiver, or discharge hereof shall be valid unless signed by an authorised representative. This Agreement shall be governed by and construed in accordance with UK laws.
The date of delivery shall be the best possible estimate. The Company reserves the right to alter delivery dates without notice. Failure to meet delivery dates shall in no way give rise to any liability on the behalf of the Company.
Every endeavour will be made to ensure the reliability of your website / cd-rom (“the application”). Upon completion of the project the Customer has 28 days to test the application. Any problems encountered after this period may incur additional charges.
The Company shall not be liable for indirect loss or third party claims occasioned by delay in completing the work, or for any loss to the Customer arising from delay in transit. Where work is defective for any reason, including negligence, the liability (if any) of the Company shall be limited solely to the rectification of such defect.
The Customer’s property and all property supplied to the Company by or on behalf of the Customer will be held worked on and carried at the Customer’s risk.
The Advertiser, at their expense, will provide all materials (including scheduling instructions) necessary for Advertisements at least 48-hours in advance of start of the campaign (exclusive of weekends and holidays), or in an acceptable technical quality for distribution. Once details are signed off MediaVantage cannot be held responsible for typographical errors, incorrect insertions or omissions in any Advertisement or commercial. The Advertiser agrees to indemnify and hold harmless MediaVantage and its officers, directors, shareholders, employees, licensees and assigns against all liability resulting from or relating to the use or broadcast of content furnished by Advertiser or otherwise incurred in connection with any breach of this Agreement by the Advertiser.
DISCLAIMER OF WARRANTIES
MediaVantage accept no warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose or any warranty that any Advertisement will be broadcast without interruption or error. MediaVantage will NOT be liable to an Advertiser for any loss, damage or expense directly or indirectly caused by or arising from any actual or alleged breach by MediaVantage of this agreement. Our handling of any material, or the manner in which any Advertisement is broadcast, or for any indirect, incidental, consequential, special or exemplary damages, regardless of whether MediaVantage has been advised of the possibility of such damages. The aggregate liability that MediaVantage will be limited to, at their discretion, is either: (a) the amounts paid by the Advertiser to MediaVantage for the relevant Advertisements, or (b) the distribution of the relevant advertisement at a later time in a comparable position or time slot (as applicable).
The Company reserves the right to refuse to work on any material it considers may be illegal for any reason. The Customer shall indemnify the Company from all claims, demands, damages, penalties, costs, expenses or liability which may arise in respect of the infringements of any letters patent, registered design, trademark, design copyright, copyright or any other industrial property right resulting from or arising in the performance of the contract.
MediaVantage does not discriminate in its advertising contracts and it will not accept advertising intended to discriminate on the basis of race or ethnicity.
COST VARIATION AND FORCE MAJEURE
- Estimates and quotations are based on the current cost of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. If estimates are given without sight or copy, artwork, originals or detailed brief the Company reserves the right to amend any estimate or quotation once the same are produced.
- Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as it may find necessary as a result of inability to secure labour materials or supplies or as a result of any act of God, war, strike, lock-out, or other labour dispute, fire, flood, drought, legislation or other cause whether or not of the foregoing class and which is beyond the Company’s control.
MediaVantage Limited has the copyright to all web pages, databases, visuals, artwork and photographs completed by them. This copyright passes to the Client on successful completion of and payment for the product. Should the Client cancel or postpone work after visuals are produced, they remain the property of MediaVantage Limited but may be purchased for an agreed price.
These conditions and all other expressed terms of the contract shall be governed and construed in accordance with the Laws of England.