Online Advertising Terms

Acceptance of this agreement

Before you become entitled to receive the Advertising Services, you must read and accept the terms and conditions set out in this agreement ("Agreement") by clicking on the "Accept" button at the end of this Agreement. By clicking on the "Accept" button you agree to be bound by the terms and conditions of this Agreement ("Acceptance"), and after Acceptance has occurred, you are authorised to receive and use the Advertising Services in accordance with this Agreement. If you do not accept this Agreement, you are not authorised to receive and use the Advertising Services in any way.


Parties

This Agreement is between you ("you" or "Advertiser") and Newsquest Media (Southern) Limited, company number 1350, trading as 'jobsSW', whose registered office is at 58 Church Street, Weybridge, Surrey KT13 8DP("jobsSW") in respect of the "Advertising Services" (defined below) set out in this Agreement. "Parties" will mean jobsSW and the Advertiser and "Party" will mean jobsSW or the Advertiser, as applicable.
1. Scope of this Agreement
 
  1.1 jobsSW maintains a site on the Internet located at: http://www.jobsSW.co.uk ("jobsSW Site"). Save as otherwise set out in this agreement, this Agreement relates to the Advertiser electronically submitting its advertisements for jobs, cars and lettings, as applicable, ("Advertising Content" ) to the jobsSW Site via jobsSW's on-line advertising posting service ("Posting Service" ). Such Advertising Content will be automatically posted and published by jobsSW's systems into the applicable section (i.e. without the assistance of any jobsSW personnel) of the jobsSW Site, so that such Advertising Content is advertised to and may be accessed by jobsSW's Users (defined below) should such Users wish to do so. The Posting Service (including storing the Advertising Content submitted electronically by the Advertiser), the processing and posting by jobsSW's systems, and the advertising in the relevant section of the jobsSW Site will be the "Advertising Services" for the purpose of this Agreement. As part of the Advertising Services, jobsSW also offers the Advertiser the facility to edit its advertisements already on the jobsSW Site via the Posting Service.
 
  1.2 jobsSW also offers an advertising service whereby jobsSW will process and post the Advertiser's adverts to the jobsSW Site on behalf of the Advertiser. Such advertising service is usually for higher value, multiple volume advertisements. If the Advertiser is interested in this service, it should contact jobsSW using the contact details in this Agreement and jobsSW will let the Advertiser know if it qualifies for this advertising service.
 
  1.3 The Advertising Services set out in this Agreement may be provided by jobsSW or, if applicable, by the relevant jobsSW Affiliate. For the purposes of this Agreement, "jobsSW Affiliates" will mean any subsidiary or holding company of jobsSW, or any other subsidiary of Gannett(U.K.) Ltd, all as defined by Section 736 of the Companies Act 1985, as amended. "jobsSW Affiliate" will mean one of the jobsSW Affiliates, as applicable.
 
  1.4 Each electronic submission of the Advertising Content by the Advertiser to the jobsSW Site via the Posting Service will remain advertised on the jobsSW Site for up to 8 weeks from the Launch Date (defined below) unless the Advertiser selects a shorter period via the Posting Service. Such 8 week period or such shorter period selected by the Advertiser will be the "Advertising Period" . Each posting of Advertising Content to the jobsSW Site will first appear on the jobsSW Site no later than 3 Working Days (for the purposes of this Clause 1.4, "Working Days" are defined as Monday-Friday between 9am and 6 pm but excluding public holidays in the United Kingdom) after the electronic submission of such Advertising Content by the Advertiser to the Posting Service. The first day of the Advertising Period is the day the Advertising Content is advertised on the jobsSW Site for the first time and this day will be the "Launch Date" for the purposes of this Agreement. Subject to the Advertiser pre-paying the relevant Fees, the Advertiser may extend the Advertising Period by a period of up to 8 weeks by selecting such extension via the Posting Service.
 
  1.5 The Advertiser will be liable for the fees ("Fees" ) payable to jobsSW for the Advertising Services in accordance with this Agreement and the Advertiser will pay the Fees to jobsSW in accordance with Clause 4 below.
 
  1.6 At all times, the Advertiser is solely responsible for electronically submitting the Advertising Content to the jobsSW Site and the contents and details of any of the Advertising Content provided to jobsSW under this Agreement. jobsSW will not be liable or responsible for checking the Advertising Content to ensure it is correct, accurate, complete or that it does not contain any errors. jobsSW will not be liable for any errors, mistakes, or omissions made during the electronic submission, processing and/or posting the Advertising Content to the jobsSW Site, unless caused by its own negligence.
 
  1.7 jobsSW allows users ("Users" ) to search for and access the content of the jobsSW Site (including the Advertising Content advertised on the jobsSW Site). jobsSW does not guarantee that the Advertising Services will lead to a successful advertising campaign for the Advertiser.
 
  1.8 The Advertiser will keep the Advertising Content up to date and ensure it is correct at all times, including prior to submitting it to the jobsSW Site.
 
2. Changes, Deletion by the Advertiser
 
  After the Launch Date, the Advertiser may delete any of the Advertising Content from the jobsSW Site by using the editing facilities of the Posting Service. In this event, the Advertiser will remain subject to the full Fees for such Advertising Content (unless otherwise agreed by the Parties in accordance with Clause 10.1 below) and the Advertiser will not be entitled to a refund of any Fees pre-paid by the Advertiser for such Advertising Content deleted pursuant to this Clause 2.
 
3. Deletion, Refusal to Post, Suspension or Change by jobsSW
 
  3.1 jobsSW may delete any Advertising Content from the jobsSW Site or refuse to post any Advertising Content to the jobsSW Site if:
 
  3.1.1 such Advertising Content is not consistent with jobsSW's reasonable advertising standards from time to time in effect;
 
  3.1.2 such Advertising Content does or is likely to breach any applicable law or regulation;
 
  3.1.3 the Advertiser has breached or threatened to breach the terms of this Agreement; or
 
  3.1.4 such Advertising Content is obscene, blasphemous, defamatory, or infringes the Intellectual Property Rights (defined at Clause 8.2 below) of any third party.
 
  3.2 jobsSW may immediately delete, suspend, or refuse to accept any Advertising Content if the Advertiser fails a credit check carried out by jobsSW or a third party at any time or if the Advertiser resell or attempts to resell any of jobsSW's Advertising Services set out in this Agreement to any third party. jobsSW may check that the Advertiser or the person dealing with jobsSW on behalf of the Advertiser has authority to use any credit or other payment card in relation to this Agreement.
 
  3.3 jobsSW may delete any Advertising Content without any reason at any time after Acceptance has occurred. In this event the Advertiser will only be liable for the Fees for the Advertising Content advertised on the jobsSW Site up to the date of such deletion or refusal. jobsSW will refund any Fees pre-paid by the Advertiser that relate to the relevant Advertising Content deleted or refused pursuant to this Clause 3.3.
 
  3.4 jobsSW may move, change the position of, or reduce or increase the size of any Advertising Content on the jobsSW Site at any time if necessary or desirable for organisational or presentational reasons on the jobsSW Site.
 
  3.5 Other than as set out in this Agreement, jobsSW will not amend or change the Advertising Content on the jobsSW Site.
 
  3.6 Unless otherwise agreed by the Parties in accordance with Clause 10.1 below, irrespective of any action taken by jobsSW in relation to any Advertising Content pursuant to Clauses 3.1, 3.2, and 3.4 above, the Advertiser will be subject to the full Fees for such Advertising.
 
  3.7 jobsSW will give the Advertiser reasonable notice prior to any action taken by jobsSW pursuant to Clause 3. However, if such action is immediate, jobsSW will give the Advertiser notice as soon as reasonably practicable thereafter.
 
4. Payment and Invoicing
 
  4.1 Save as otherwise set out in this Agreement, the Fees for the Advertising Services provided under this Agreement will be quoted to the Advertiser on the Posting Service at the time the Advertiser selects the Advertising Services it wishes to obtain under this Agreement. If the Advertiser exits the Posting Service without having clicked on the "Accept" button as described at the beginning of this Agreement, then such previously quoted Fees will no longer be valid and available to the Advertiser. After Acceptance has occurred, the Fees will be confirmed to the Advertiser at the time the Advertiser provides its credit card or other payment card details via the online secure server payment facility on the jobsSW Site.
 
  4.2 The Advertiser will pay the relevant Fees to the Advertiser at the time it selects the Advertising Services via the Posting Service. Unless otherwise agreed by jobsSW in accordance with Clause 10.1, the Advertiser will pay the Fees due under this Agreement to jobsSW by credit card or other payment card. Payment will be deemed to have been made by the Advertiser to jobsSW at the time the Advertiser's credit card or other payment card is charged and jobsSW is in receipt of cleared funds from the credit card or other payment card in jobsSW's bank account.
 
  4.3 Unless otherwise set out in this Agreement or agreed by the Parties in accordance with Clause 10.1, the Advertiser will not be entitled to any refund, credit, lien or set-off of any kind from the time the relevant Fee is paid to jobsSW. jobsSW will refund, as soon as reasonably practicable, any Fees due to the Advertiser under this Agreement.
 
  4.4 All Fees and any other additional fees or charges described in this Agreement or set out in the jobsSW Site are in pounds sterling and net of value added tax ("VAT" ). VAT is due and payable on all Fees.
 
  4.5 In the event that jobsSW (or its systems) provides an incorrect quote of the Fees (whether due to an error or otherwise) to the Advertiser prior to Acceptance in respect of the relevant Advertising Services requested by the Advertiser and/or jobsSW has deducted such incorrect amount of Fees from the Advertiser's credit or other payment card, as applicable, the Advertiser will pay jobsSW the correct amount due to jobsSW by credit or other payment card if jobsSW contacts the Advertiser and provides details of the incorrect quote or, if applicable, jobsSW will refund any overcharged Fees to the Advertiser due to such incorrect Fees being previously charged to the Advertiser under this Clause 4.5.
 
5. jobsSW Site and the Advertising Content
 
  5.1 jobsSW makes no representation or warranty that the whole or part of the jobsSW Site will be accessible at all times, or useable by all Users and/or the Advertiser, or error free.
 
  5.2 jobsSW reserves the right without notice to the Advertiser, to suspend temporarily or alter the operation of the jobsSW Site for legal or technical reasons. jobsSW will try to give the Advertiser as much notice where possible either by email or telephone or by posting notice on the jobsSW Site prior to taking any of the actions described in this Clause 5.2, but prior notice may not always be feasible.
 
  5.3 The Advertiser will ensure that all Advertising Content or any other information provided by the Advertiser is legal, decent, honest, truthful, accurate andnot misleading in any way and the Advertiser will not use the jobsSW Site for any fraudulent or illegal purposes.
 
  5.4 The Advertiser will ensure that the Advertising Content complies with all applicable legislation, regulations, codes and guidelines applicable to such Advertising Content being advertised on the jobsSW Site. The Advertiser will ensure that the Advertising Content does not contain material that is obscene, blasphemous, defamatory, or which infringes the rights of any third party or is otherwise legally actionable by such third party.
 
  5.5 The Advertiser warrants that it has, or will procure prior to the Launch Date, all necessary consents, releases and licences to provide the Advertising Content to the jobsSW Site and to deal with it as described in this Agreement, and the Advertiser hereby provides, all such consents, leases and licences to jobsSW and the jobsSW Affiliates, as applicable, for the purposes of this Agreement.
 
  5.6 jobsSW will have sole control over the "look and feel" of the jobsSW Site, including the Advertising Content provided by the Advertiser to the jobsSW Site and the display, appearance and placement of the Parties' respective names and/or brands.
 
  5.7 Any matter of complaint arising out of the publication of the Advertising Content on the jobsSW Site will be notified to jobsSW in writing by the Advertiser within 48 (forty eight) hours of receipt of such complaint.
 
6. Term and Termination
 
  6.1 This Agreement is binding upon jobsSW and the Advertiser immediately from the date of Acceptance and it will remain in force until the end of the Advertising Period (or such extension thereof in accordance with Clause 1.4) unless terminated earlier by either Party in accordance with this Agreement.
 
  6.2 Either Party may at any time by notice in writing terminate this Agreement forthwith if the other Party is in breach of the terms of this Agreement and such breach is not capable of remedy; or if such breach is capable of remedy and the Party committing the breach has failed to remedy the breach within thirty (30) days of written notice to it from the other Party, specifying the breach and requiring its remedy.
 
  6.3 If a Force Majeure Event continues for a period of 60 consecutive days, then the other Party may terminate this Agreement forthwith where the non-performing Party fails to perform any of its obligations under this Agreement due to that Force Majeure Event (defined in Clause 10.4 below). The Advertiser will be liable for the Fees for the relevant Advertising up until the date of the Force Majeure Event.
 
  6.4 The Advertiser acknowledges that the Advertising Services (because such Advertising Services include the Posting Service) commence from the date of electronic submission of the Advertising Content to the Posting Service. Subject to Clauses 6.1, 6.2, 6.3 above, the Advertiser acknowledges that it will not be entitled to cancel this Agreement from the date the Advertising Services commence as described in this Clause 6.4.
 
  6.5 Termination in accordance with Clause 6 will not prejudice or affect any right of action or remedy that will have accrued or will thereafter accrue to either jobsSW or the Advertiser.
 
7. Liability
 
  7.1 Neither Party excludes liability for the following: (a) death or personal injury caused by either Party to the extent to which it arises from either Party's negligence or breach of contract; (b) any fraudulent pre-contractual misrepresentations made by either Party upon which the other Party can be shown to have relied; and (c) any other liability which by law cannot be excluded by either Party.
 
  7.2 Subject to Clause 7.1 above and except as expressly provided by this Agreement, in no event will jobsSW or any of the jobsSW Affiliates be liable for any losses, damages, costs or expenses whatever (i) caused by the failure of the Advertiser to perform its obligations under this Agreement; (ii) arising from the Advertising Content provided by the Advertiser; (iii) in respect of any materials (in electronic or other form) supplied by the Advertiser for the purposes of this Agreement; (iv) arising from the valid termination of this Agreement by jobsSW; (v) arising from the cancellation, deletion or suspension of any Advertising Content in accordance with this Agreement by either Party; (vi) arising from interruptions, errors, delays or restrictions to the jobsSW Site; or (vii) for any damages arising out of this Agreement in excess of the limits prescribed in Clauses 7.3 and 7.4 below.
 
  7.3 Subject to Clause 7.1 above and Clause 7.4 below, to the extent that jobsSW is deemed by a court of competent jurisdiction to have any liability to the Advertiser in contract, tort (including negligence) or otherwise in respect of this Agreement, jobsSW's entire liability for any one incident or related series of incidents will be limited to the greater of:
 
  7.3.1 £250; or
 
  7.3.2 the Fees actually paid by the Advertiser to jobsSW during the 3 months preceding the date on which the liability arises.
 
  7.4 Subject to Clause 7.1 above, in any Year jobSW's total liability under this Agreement will be limited to the greater of £1,000 or the total Fees actually paid during that Year by the Advertiser. "Year" will mean a 12 (twelve) month period, the first Year starting on the date of Acceptance and subsequent Years starting on each anniversary of the date of Acceptance.
 
  7.5 Subject to Clause 7.1 above, jobsSW will not be liable to the Advertiser in contract, tort, negligence or otherwise for: (a) any economic loss (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); (b) any loss of goodwill or reputation; (c) any loss of opportunity; (d) any loss of data; (e) any loss relating to the value of the subject matter of the Advertising Content advertised on the jobsSW Site; or (f) any special, indirect or consequential loss.
 
  7.6 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
 
8. Indemnity
 
  8.1 The Advertiser will fully indemnify jobsSW from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to: (a) any infringement or alleged infringement of any third party Intellectual Property Rights (defined below) caused by jobsSW's use (pursuant to this Agreement) of the Advertising Content provided by the Advertiser; or (b) the Advertiser providing any Advertising Content which is obscene, blasphemous, or defamatory or otherwise in breach of any applicable law or regulation.
 
  8.2 For the purposes of this Agreement, "Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names, rights in passing off and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom).
 
9. Personal Data
 
  The Advertiser must read jobsSW's Privacy Policy as it forms part of this Agreement.
 
10. General
 
  10.1 Subject to any fraudulent statements or misrepresentations, this Agreement is the entire agreement between jobsSW and the Advertiser and it will supersede any other oral or written communications, agreements, promises or representations with respect to the subject matter of this Agreement. No variation or amendment to this Agreement will be valid unless it is in writing, refers specifically to this Agreement and is signed by the Advertiser and jobsSW. This Agreement does not affect any consumer rights that the Advertiser may have under the provisions of any applicable law or regulation.
 
  10.2 This Agreement is not an exclusive arrangement with the Advertiser and the Advertiser is free to enter into any contract with any other entity providing advertising services. The Advertiser acknowledges and agrees that this Agreement will not constitute, create or give effect to a joint venture, pooling arrangement, principal/agency relationship, partnership or formal business organisation of any kind and the Advertiser will not have the right to bind jobsSW without josbSW's express prior written consent.
 
  10.3 If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of this Agreement will not be affected. No delay, neglect or forbearance on the part of either Party in enforcing against the other Party any term or condition of this Agreement will either be or be deemed to be a waiver or in any way prejudice any right of that Party under this Agreement.
 
  10.4 If either Party is unable to perform any of its obligations under this Agreement because of a Force Majeure Event, such non-performing Party will not have liability to the other Party for such failure to perform. "Force Majeure Event" means any: fire, flood, earthquake or act of God; explosion, war, civil disorder, industrial disputes (but not including disputes involving the non-performing Party's own employees), or revolution; or other similar cause or event beyond the reasonable control of the non-performing Party.
 
  10.5 This Agreement may not be assigned, novated, sub-licensed or otherwise transferred by the Advertiser in whole or in part without the prior written consent of jobsSW. jobsSW may assign, novate, sub-licence or otherwise transfer this Agreement in whole or in part to any jobsSW Affiliate, or to any third party as part of a change in ownership of jobsSW or a bona fide reconstruction, merger or takeover of jobsSW, without the Advertiser's consent.
 
  10.6 No Third Party Benefit
 
  10.6.1 The Advertiser acknowledges that jobsSW has entered into this Agreement for its own benefit and for the benefit of any of the josbSW Affiliates providing the Advertising Services under this Agreement above and this Agreement is intended to be enforceable by such of those jobsSW Affiliates by virtue of the Contract (Rights of Third Parties) Act 1999.
 
  10.6.2 Subject to Clause 10.6.1 above, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
 
  10.6.3 Notwithstanding Clause 10.6.1 above, jobsSW and the Advertiser may agree to rescind or vary this Agreement without the consent of the jobsSW Affiliates.
 
  10.7 At the time of Acceptance, the individual clicking on the "Accept" button represents that he/she is duly authorised to enter into this Agreement.
 
  10.8 Save as otherwise set out above, any notice required to be given under this Agreement will be in writing and will be sent to [ insert position/address ] or to the duly authorised representative of the Advertiser identified pursuant to Clause 10.7 above or the Company Secretary of the Advertiser if the Advertiser is a company, as applicable. Any such notice may be delivered personally, by first class pre-paid letter, or by e-mail and such notice will be deemed to have been received: (1) if delivered personally - at the time of delivery; (2) if by first class post - 48 hours after the date of mailing; or if by e-mail - at the time of receipt of the e-mail by the Advertiser.
 
  10.9 This Agreement is governed by the laws of England, and subject to the exclusive jurisdiction of the Courts of England.
 
11. Rate Card
 
  Any additional works carried out by jobsSW for Advertisers or other clients will be charged at the rates in our then current rate card.