Trading Terms and Conditions for Advertisers
These Terms and Conditions, represent the agreement between us, Ginger Nut Media, and you, the Advertiser, about your advertisement(s) on Ginger Nut Media’s owned managed or third party media and / or services.
Ginger Nut Media ‘ – refers variously to Ginger Nut Media. Registered Office: Ginger Nut Media Ltd (“Ginger Nut Media ltd”) Company Number 7392472
‘ Advertiser’ – means collectively and variously the company actually placing the Advertisement(s), the company making the Order if different from the company actually placing the Advertisement(s) and any other agent(s) or broker(s) relaying the Order to Ginger Nut Media.
‘ Advertisement’ means the final, ready-to-publish form and content of any offer by the Advertiser (along with any associated links) that is to appear on any website or in any of the emails sent by gmnmedia as per the Order by the Advertiser.
‘ Order’ means the Insertion order, advertising submission information along with any subsequent substitutions, changes or deletions to it that are agreed by the Advertiser and Ginger Nut Media
‘ User’ – refers to, variously, a registered member, a subscriber or any other recipient of emails or online communications containing the Advertisement(s) or website viewer of the Advertisement(s). ‘ Media’ – refers to, variously, websites, emails, lead data, sms messages or any other formats of content or communication where the Advertisement is to be placed.
‘Lead data’ – refers to, variously, personal details of Users supplied for the purpose of third party advertising communications. ‘third party company’- refers to an organisation that has been used to fulfill an advertising campaign on behalf of the advertiser
2. Advertiser’s Obligations and Representations
The Advertiser grants Ginger Nut Media a non-exclusive, worldwide license to use the Advertisements provided by the Advertiser. The Advertiser warrants and represents at all times that it has the right to permit the use of the Advertisements and that the Advertisements won’t infringe the rights of any third party. The Advertiser agrees to make best endeavours to ensure that the Advertisement(s) conform to the prevailing best practices of the advertising industry. The Advertiser agrees to indemnify and hold Ginger Nut Media harmless from and against any losses, costs or damages resulting from any claims arising out of or in connection with the Advertisement(s). The Advertiser agrees to abide by the terms and conditions of third party media owners for Advertisement(s) promoted on third party Media. The Advertisement and all artwork and copy must be received by the Publisher no less than three business days prior to planned insertion, unless otherwise specified by Ginger Nut Media. The Advertiser shall supply the Publisher with the Advertisement in such form as the Publisher shall specify and it is the responsibility of the Advertiser to check the correctness of the Advertisement and the Publisher accepts no liability for any error in an Advertisement. Any delays may result in delays or other difficulties in running of the campaign. Ginger Nut Media does not take responsibility for any difficulties ensuing from delays in providing it with the Advertisements by the due date(s).
The advertiser agrees that where third party media is involved with the campaign they will not work directly with the ‘3rd party company’ for a period of 6 months after this campaign has ended. The advertiser agrees to pay all Ginger Nut Media loss of earnings for a period of 12 months or three times the initial order value, whichever is greater, with the period of 6 months after the campaign has ended.
The advertiser agrees to allow Ginger Nut Media to use its artwork and logos within its promotional material. Should the advertiser not wish Ginger Nut Media to use its artowork and/ or logs in promotional material then it should inform Ginger Nut Media of this fact prior to running advertisement campaigns with the company.
Neither the signaturory or any employee of the advertiser or any employee of companies within its group shall enter into discussion be it verbal or written, with any third party with reference to any business dealings between Ginger Nut Media / Phil Warnock and the advertiser now or in the future without full written consent of Ginger Nut Media. If any communication with third parties should be undertaken by advertiser or companies within the group company / companies involved with this communication shall be fully responsible in full for any lossess incurred by Ginger Nut Media as a result of this communication.
By agreeing to these terms and conditions the advertiser confirms that the services provided by Ginger Nut Media are unique and are in no means in competition to any competitor of Ginger Nut Media. The advertiser confirms that in no way has Ginger Nut Media solicited business away from any such competitor and that the advertiser did directly approach Ginger Nut Media to trade.
3. Ginger Nut Media Obligations and Representations
Ginger Nut Media undertakes to promote the advertising campaign on our Media and/or on other third party media in accordance with the Order, subject to adherence with the terms and conditions of this agreement and those terms and conditions of the third party Media owner. In the event of email advertisement, all email transmissions will be processed directly by Ginger Nut Media and/ or other list owners as appropriate and Ginger Nut Media share email addresses or other information with the Advertiser.
4. Changes or Cancellation
Changes to or cancellation of the order will be subject to acceptance by Ginger Nut Media. Confirmed orders which are subsequently changed or cancelled where the order is not completed will be charged in full together with any additional costs incurred by Ginger Nut Media .Please note that altering the advertisement after the working due date may incur charges and delay the commencement date of the advertisement.
Advertisers submitted advertising order must be accompanied by payment in full for the Advertisement unless otherwise agreed in writing by Ginger Nut Media. Where credit terms have been agreed between the advertiser and Ginger Nut Media, the Advertiser will be invoiced on receipt of signed order. The Advertiser will pay Ginger Nut Media on the terms set out in the Order form within 14 days of the invoice date, otherwise full payment is due upon acceptance of the order. Overdue amounts will be subject to a late payment charge at the greater of 1-1/2% per month or the highest rate permissible under the applicable law. All fees are non-refundable. If Client disputes any amount owed as per the terms of the Order, Client shall notify Ginger Nut Media within 14 days of the start of the campaign in writing of such dispute with a full explanation of the basis of the dispute.
6. Limitation of Liability
Ginger Nut Media makes no warranties of any kind whether expressed or implied including without limitation the performance of any advertising product or service, the type or number of Users, open or click through rates that may be generated from any advertising campaign. Ginger Nut Media makes no warranty with regard to the accuracy or reliability of any information obtained through the tracking of the advertisement. Ginger Nut Media will not be liable for any damages incurred by the Advertiser in connection with using the service including without limitation any technical malfunction, computer error, loss of data, loss of copy, artwork, photographs or other materials, other damage or disruption.
7. Changes to these Terms and Conditions:
Ginger Nut Media reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.