Advertising Policy: Terms and Conditions.
Acceptance of Advertisements
1.1 The Terms and Conditions mentioned here (the “Conditions”) are applicable to all the advertisements submitted to BankWaleBabu (the “Publisher”) for digital publication in accordance with the confirmation order from the publisher.
1.2 “Advertisement” means any material provided by or on behalf of the advertiser for marketing and promotional purpose.
1.3 The “Buyer” (the person placing an order for web publication) agrees to be bound by these term and conditions.
1.4 All the advertisements will be paid for at the publisher’s standard rates from time to time in force (Advertisement rates are subject to change). All the advertisements are accepted on a condition that the price binds the publisher only in respect of the next feature or issue published.
1.5 The buyer must provide the publisher with all the essential copies required for the advertisement in compliance with the specification defined by the publisher. And no later than the following dates: in respect of the raw/draft copy of advertisements, at least 10 business days before the date of publication on BankWaleBabu, and in respect of the final copy, 5 days before the publication date on the website (the “Copy Deadline”).
1.6 The buyer acknowledges and agrees that its responsibility to pay for any advertisement effective from the date of first publication shall not be affected where, the advertiser fails to meet any copy deadline.
The Buyer agrees that:
2.1 The buyer acts with the publisher as key person notwithstanding that the buyer may be acting on behalf of the advertiser
2.2 where the buyer is an agency, a warrant must be issued stating that the buyer is authorized to place the order for advertisement with the publisher and buyer will be liable to cover the publisher against any claim arising on or after the publication of Advertisement
2.3 in the case of the buyer changes any details, the buyer must provide written notice to the publisher within 2 business days and provide the Publisher with the new details;
2.4 the buyer will arrange an undertaking as an acceptance of all the legal responsibilities for the order(s) placed, if requested by the publisher;
2.5 all licensed and copyright material used in any advertisement is paid for and clear;
2.6 none of the advertisements break any copyright, intellectual property rights or is abusive or defamatory;
2.7 buyer has obtain all usage rights for all the images, names and other data in the Advertisements;
2.8 buyer has obtained all permissions and consent in relation to any financial promotion;
2.9 the advertisement meets the regulations and terms of all the applicable laws (which means all national, international laws and all industry standards and regulations)
2.10 the publisher shall not be responsible for the loss of any copy of advertisement;
2.11 all the information given in the advertisement is complete, true, and accurate;
3.1 shall cover the publisher against all expenses, claims, costs damages and legal responsibilities whatsoever arising as a result of publication or from violation of applicable laws and conditions made by the buyer;
3.2 where buyer is an agency, the buyer shall cover the publisher against any claim, damages, costs and actions initiated by its principal(s) against the publisher for any reason.
3.3 Notwithstanding Conditions 3.2 above, the publisher holds the right to require the buyer to make any changes in any advertisement, or reject any advertisement in its reasonable discretion. For any such refusal, publisher is not bound to notify the buyer.
All rights for any material created by the publisher shall belong exclusively to the publisher.
4.1 The term for which the buyer shall pay shall start from the date scheduled as the first date of publication. Buyer shall pay in cleared funds in before publication date and the publisher shall provide the buyer with a clear invoice for each order placed stating the advertising duration and necessary details of transaction(s).
4.2 All charges are exclusive of value added tax (VAT), which shall be payable at the rate from time to time in force.
4.3 The publisher may, refuse to publish any Advertisement. Without discriminating to its other rights and without any legal responsibility to the buyer, the publisher may refuse to publish where the publisher has not been paid.
4.4 The publisher may change or cancel any discount given to the buyer for a series of advertisements if the buyer fails to complete the series for any reason.
Liabilities – Publisher
The publisher may without any prior notice to the buyer at any time:
5.1 refuse to change, alter or adjust the position of any advertisement;
5.2 charge the buyer if the buyer fails to supply the content by the applicable Copy Deadline;
5.3 destroy any content which have been in the publisher’s possession for more than 10 months from the date of their last use. Buyer can provide written instructions in order to keep the copies safe with the publisher;
Responsibilities – Publisher
The Publisher shall not be responsible or liable for:-
6.1 checking the accuracy of advertisement(s);
6.2 any errors, mistake in the advertisement content;
6.3 quality of copy and words used in the advertisement;
6.4 actual positioning of content;
6.5 distribution of advertisement in specific demographics;
6.6 technical errors and malfunctioning of any electronic system;
6.7 any loss or damage caused by any failure, postponement or delay in publication of advertisement on the due date;
6.8 any failure to meet the terms with its commitments due to any reasonable reasons, the act or omissions of any third party or service provider;
6.9 Subject to Condition 6.2 above, if the advertisement is not accurate due to any error caused by the publisher, the buyer shall give a written notice to the publisher of such error within 2 business days of its publication. The publisher (in its complete discretion) will credit the buyer for either (i) the cost of publishing the error free form of the advertisement for the applicable duration or (ii) cost of the advertisement containing error; which the buyer agrees shall be maximum legal responsibility of the publisher.
6.10 The order for the placement of advertisement shall amount to an approval of these advertising terms and conditions;
6.11 The advertising terms and conditions include the whole agreement between the parties (BankWaleBabu as publisher) and supersede any prior oral or written agreement between the parties.
6.12 The advertising policy and conditions shall be governed by and read according to Indian Judicial System and the parties submit to the exclusive jurisdiction of Ujjain, Madhya Pradesh.