1.1

"Buyer" means the individual person, firm or company who agrees to buy the Services from the Supplier.

1.2

"Contract" means the contract between the Seller and the Buyer for the provision of Services incorporating these terms and conditions.

1.3

"Services" means the Services contracted to be bought by the Buyer from the Supplier.

1.4

"Order Confirmation" means the form on which you confirm your order.

1.5

"Supplier" means Adverts Work Limited (company number 5493008) whose registered office is at Ramillies House, 2 Ramillies Street, London W1F 7LN.

1.6

"Terms and Conditions" means the terms and conditions set out in this Agreement for the provision of Services and in any supplementary document signed by the Supplier.

1.7

"Website" means advertisements.[com] Please check correct name of website.

ADVERTISEMENTS ON OUR SITE

All advertisements on our site are representative of the style and quality of the packages available. We reserve the right to alter any detail or design of any of the packages illustrated without notice.

Whilst we make every effort to describe packages accurately, no warranty is given as to their accuracy and no responsibility will accepted for any error or mis-description or any resulting direct or indirect loss.

SILVER AND GOLD MEDIA PACKAGES AND LICENSING

All Silver and Gold advertisements remain the property of Adverts Work. We offer a Licence for 12 months from the date of delivery of all media comprised in your chosen package. This Licence covers presenter, music, streaming, and hosting. Licence fees are renewable on an annual basis at a cost of 10% of the original price as stated in your invoice and in the event of any renewal the amount due must be paid one month in advance of the twelfth month from the date of delivery/expiry. Your Licence will automatically expire after the final day of the twelfth month from date of delivery and you will be unable to broadcast your advertisement thereafter unless you have renewed it in accordance with the procedure referred to above.

If you renew your Licence, we offer one free edit of the written text, or the graphics or of the corporate imagery.

Advertisements may not be reproduced or presented in any other media or in any way re-engineered without our prior written consent.

You have the option to upgrade your package at any time before production. Additional charges may apply arising out of any upgrade which you may choose and we may elect to supply.

Once you have selected and submitted your choices, we issue an Order Acknowledgment form to be signed and returned to us.

PAYMENT TERMS

All prices are quoted ex-VAT.

PRO FORMA PAYMENT

For non-account holders production fees will be split into two payments as follows:

1.

The first payment will be 60% of the total cost of the package. This will be due with the delivery to us of your signed Order Acknowledgement.

2.

The balance of 40% will be due and payable to us immediately upon your approval of all media comprised within the advertisement.

ACCOUNT HOLDERS

Full payment is to be made within 30 days of the date of the invoice.

CANCELLATION OR TERMINATION

After you have signed and delivered to us the Order Acknowledgement you are liable immediately for 60% of the full cost of the total amount due as shown on the Order Acknowledgment. If thereafter you cancel your order we reserve the right to make an additional charge to you for all work carried out up to the date of cancellation.

INTEREST ON LATE PAYMENT

You will be liable to pay interest on any balance outstanding at the rate of 12% per annum calculated on a daily basis.

PRE-PRODUCTION

The fee structure for both the Silver and Gold media packages includes two revisions to the script. All further revisions will be charged at an additional cost (based upon our rates current at the time as to which details are available on request).

Once you have signed off your script, graphics, presenter, text appearance, music track and storyboard, further revisions will be charged at our standard rates prevailing at the appropriate time [details available upon request].

Once you have signed off all aspects of your advertisement you have deemed to have approved the production.

POST PRODUCTION

Within our fee structure we offer one revision to the final editing; this will include text, appearance, music, graphics, and font.

If you require any further revision we reserve the right to apply charges at our standard rates (details available upon request).

PRESENTERS

Presenters are subject to availability and we cannot guarantee that any particular presenter will be available. We reserve the right to vary the presenter selection. If your preferred presenter is unavailable we will endeavour to find a suitable alternative who matches your requirement as closely as practicable but no warranty is given in this respect.

After your advertisement has been produced, we reserve the right to change the presenter at any time during the 12 month period or during any renewal. Should this eventually happen, we will give a minimum of 30 days prior written notice to you. We will produce a new advertisement using the original specification. No changes will be permitted to the advertisement and no charges will be incurred by you. We will endeavour to use a suitable replacement presenter but no warranty is given in this respect.

STREAMING

We take no responsibility for failure or delay of any third party streaming and we accept not liability for loss.

Each account will be allocated 120 Gigabytes of streaming delivery. Additional capacity can be purchased at additional cost (details available).

DELIVERY

We will endeavour to deliver your chosen advertisement within 40 working days of your signed Order Confirmation.

PLAY OPTIONS

Your advertisement will be streamed. We will supply a link in the form of a simple play button or screen grab (still image of one frame of your advertisement). Alternatively, we can provide a video player frame for your advertisement which will load as soon as the user accesses the relevant website page.

We accept no responsibility for the installation of the play button on your site. If you wish us to arrange for this we will make an additional charge (details available on request).

We accept no responsibility of consequential loss whatsoever in the event of loss of service to the customer’s website as a result of installation.

COPYRIGHT AND LICENCE

All buttons and video framers, and the name or brand “AdvertsWork ©”, are the copyright of Adverts Work Limited.

By delivering a signed Order Acknowledgement to us you acknowledge and warrant to us that you hold all relevant player licences suitable for playing the advertisement.

2.1

Nothing in these Terms and Conditions shall affect the Buyer’s statutory right as a Consumer.

2.2

These Terms and Conditions govern the provision of Services by the Supplier to the Buyer and may be supplemented by any other provisions contained in documentation or communication signed by the Seller and the Buyer.

2.3

Any variation to these Terms and Conditions and any Special Terms and Conditions agreed between the parties hereto must be in writing and signed by the Supplier to be binding on the Supplier.

2.4

Any complaints should be forwarded to the Supplier at the office address stated on the website or on the Order Confirmation.

2.5.1

Any Special Conditions appropriate to the supply of the Services are set out in the website or on the Order Confirmation.

3.1

All orders for Services shall be in writing made on the forms or other materials supplied on the website. The Supplier may choose not to accept any or all orders from any buyer.

4.1

The price of the Services is as set out in the Website. The price is exclusive of Value Added Tax which will be added to the price at the current rate prevailing when the order is accepted.

4.2

Where applicable if any part payment has been accepted by the Seller, the amount owing will be treated as a debt due from the Buyer to the Supplier and the Supplier will be entitled immediately to cease or suspend the provision of Services; it will be at the entire option of the Supplier to reinstate the provision of services if payment is eventually received.

5.1

The Supplier shall perform the Services with skill and care. However, where applicable, the Supplier does not guarantee that provision of services will be uninterrupted, secure or error-free or that any data comprised within the Services or which is supplied as part of the Services. The Supplier may have to interrupt the supply of services for the purposes of maintenance or improvement of its hosting servers or internal systems or for any cause beyond the reasonable control of the Supplier. If so, the Supplier will restore the supply of services as soon as practicable.

5.2

The Supplier may terminate the supply of some or all of the Services or suspend some or all of the Services without notice if the Buyer breaches any terms of this Agreement and any monies paid to the Supplier will not be refundable.

6.1

The Supplier reserves the right to alter the prices which are shown on the Website, which cannot be guaranteed for any particular period, although every effort will be made to ensure that prices are correct at the point at which any order is placed; notwithstanding this the Seller shall not be bound to accept any order at any particular price shown on the Website.

6.2

The Supplier shall not be liable to any buyer or any other party wishing to purchase or utilise the Services from the Website or for refusing to process an order if the Supplier in its absolute discretion decides that it does not wish to accept any order.

7.1

In the event of any breach of these Terms and Conditions the remedies of the Buyer shall be limited to damages which shall not exceed the price of the Services and the Supplier shall under no circumstances be liable for any direct or indirect incidental or consequential loss or damage whatever.

7.2

Nothing in these Terms and Conditions shall limit the liability of the Supplier for death or personal injury resulting from the supply of Services.

8.1

No waiver by the Supplier in enforcing any of its rights under this Agreement shall prejudice its legal rights against the Buyer.

9.1

The Supplier shall not be liable for any failure to deliver any of the Services as ordered by any buyer if the failure is due to any reason beyond the reasonable control of the seller. [acts beyond its control etc].

10.1

If any term or provision of this Agreement shall be found to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, that provision shall be severed and the remainder of the provisions shall remain in full force and effect as if these Terms and Conditions had been agreed with the unenforceable provision eliminated.

11.1

The Supplier shall be entitled to change these Terms and Conditions at any time but this right shall not affect any existing contract between the Supplier and a Buyer.

11.2

A renewal of the Services shall be subject to the Supplier’s then current Terms and Conditions.

12.1

These Terms and Conditions shall be construed in accordance with the Law of England and the Supplier and the Buyer hereby agree to submit to the exclusive jurisdiction of the English Courts.