1. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Adxpresso in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Adxpresso will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Adxpresso, or (b) you are a person barred from receiving the Services under the laws of the India or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2. As an advertiser in Adxpresso, you agree to adhere to the terms of advertising in here. You are not allowed to abuse the advertising system. Advertising accounts will be activated when payment has been made through paypal. For cheques, ad purchase is only valid when the cheque is cleared. Cancellations or copy changes will not be accepted after the published closing date of the launch. We reserve the right to change any of your ad banner specifications at any time. Any cancellations or change in orders must be made in written acknowledgement.
3. Changes to order cannot be submitted more than once every fourteen (14) days
4. We reserve the right to remove the banner from our advertiser on thirty (30) days email notification to You. We may immediately terminate this contract if any change occurs in any applicable laws or regulations that would, in our reasonable opinion, render our website performance here under illegal or otherwise subject to legal invocation.
5. Payment are to be made in full before banners or campaigns are launched.
6. Frequency and Discount
If Adxpresso fails to provide the guaranteed number of impressions, Adxpresso will make good on this contract by providing advertiser with additional impressions. Adxpresso will not make good for under-delivery due to delays caused by advertiser/agency. Advertiser/agency understands that all frequency discounts are based on the advertiser's/agency's commitment to fulfilling the frequency indicated in the contract. If, for any reason, this frequency is not met by the time of expiration or cancellation of the contract, advertiser/agency agrees to pay a short rate charge on all ads run.
7. Licenses and Indemnification
The advertiser/agency represents that the advertiser is the owner or is licensed to use the entire contents and subject matter contained in its advertising and collateral information, including, without limitation,
(a) the names and/or pictures of persons;
(b) any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; and
(c) any testimonials or endorsements contained in any advertisement submitted to Adxpresso. In consideration of Adxpresso's acceptance of such advertisements and information for publication, the advertiser and agency will jointly and severally indemnify and hold Adxpresso harmless against all loss, liability, damage and expense of any nature (including legal fees) arising out of Adxpresso's performance under this contract or the copying, printing, distributing, or publishing of advertiser's/ agency's advertisements, advertiser grants Adxpresso the right to use, reproduce, and distribute the advertisements.
Adxpresso reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement or link was previously acknowledged, accepted, or published
9. Limitation of Liability
Adxpresso shall not be liable for any errors in content or omissions. Should an error appear in an advertisement, Adxpresso's liability will be limited to the cost of the advertisement (pro-rated for the publishing completed). Adxpresso will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the Adxpresso site. Adxpresso does not represent or warrant that the Adxpresso site will meet the objectives or needs of advertiser/agency or any third party. In no event will Adxpresso be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or other non-performance related to the Adxpresso site. UNDER NO CIRCUMSTANCES WILL Adxpresso BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROGITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Adxpresso HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
10. Choice of Law and Forum
This contract shall be interpreted and construed in accordance with the laws of the Republic of India and each party hereby submits to the non-exclusive jurisdiction of the Indian courts
11. Paypal Payment
In the event that advertiser/agency pays any amounts due hereunder with paypal and paypal fails to pay the amounts authorised by advertiser/agency, advertiser/agency shall immediately remit full payment to Adxpresso plus any interest due on the outstanding amounts. In addition, if advertiser/agency pays any amounts due hereunder with paypal and seeks to recover from Adxpresso any amounts received by Adxpresso from the issuer, advertiser/agency shall immediately remit to Adxpresso all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Adxpresso.
No public statements concerning the existence or terms of this contract will be made or released to any medium except with the prior approval of both parties or as required by law. This contract cannot be sold, assigned or transferred by advertiser/agency to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by Adxpresso shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties; Adxpresso will not be bound by the representations of any agents, brokers, or other third parties. Any modifications must be in writing and signed by an authorised representative of Adxpresso.
13. Changes to Terms and Conditions
We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the
date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your Insertion Order.
These Terms and Conditions, together with your Insertion Order, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address. These Terms and Conditions are governed by the laws of the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of that State.