Advertising Terms and Conditions
A Definitions and Acceptance of the Terms and Conditions
Simp2Stud accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
These Terms apply to:
Advertisements in the form of Reviews and Promotional campaigns on Simp2Stud.com.
online advertisements on www.Simp2Stud.com (the “Website”); and Promotions on Social Media
By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
B Content and Delivery of Advertisements
Materials for any Advertisement (whether print or digital) must adhere to Simp2Stud technical specifications and be delivered to Simp2Stud within the applicable timeframes. When Simp2Stud builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements.
Simp2Stud may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. Simp2Stud may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the platforms. The Advertiser will remain responsible for all outstanding charges.
The publication of an Advertisement by Simp2Stud does not mean that Simp2Stud accepts the Advertisement has been provided in accordance with these Terms or that Simp2Stud has waived its rights under these Terms.
The Advertiser guarantees to Simp2Stud that:
any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
the Advertisement will not be prejudicial to the image or reputation of Simp2Stud or the Website or the Newspapers, and will not contain anything with Simp2Stud in good faith considers to be offensive or otherwise inappropriate;
all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
all digital Advertisements comply with (i) the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with Simp2Stud and the Advertiser will compensate Simp2Stud for any claim made by such advertiser against Simp2Stud.
C Payment
All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the negotiations on the date of publication. Simp2Stud may change its rates at any time by publishing the modified rates. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
All sums payable to Simp2Stud should be made in accordance with Simp2Stud’s Financial Terms & Conditions which are: Simp2Stud will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. No refunds will be provided once the payment is made.
D Online Advertisements
The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by Simp2Stud’s applicable third-party provider will be final and binding.
Simp2Stud cannot guarantee the number of impressions. In the event, the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, Simp2Stud shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified Simp2Stud in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. Simp2Stud will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, Simp2Stud will not be liable unless such over-delivery arises due to Simp2Stud’s act or omissions.
Simp2Stud agrees that all Advertisements will be targeted at individuals from around the world unless otherwise agreed in writing between the parties at the time of booking.
The Advertiser guarantees to Simp2Stud that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code), (iii) not be libelous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of Simp2Stud or the Website or the Newspapers; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
To the extent that Simp2Stud sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data (“Advertiser Data”), Advertiser shall ensure that it has a lawful basis for the use of such data-collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
Simp2Stud and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by Simp2Stud will be treated as the confidential information of the Advertiser and will not be disclosed by Simp2Stud to any third party (other than Simp2Stud’s service providers for the purpose of Simp2Stud complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
E Cookie usage on Simp2Stud.com
Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify Simp2Stud in advance of booking an Advertisement and provide all information requested by Simp2Stud regarding such Data Collecting Technology.
All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by Simp2Stud and will not be disclosed by the Advertiser to any third party without Simp2Stud’s prior written consent.
In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where Simp2Stud has given agreement in writing. Simp2Stud reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses.
The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between Simp2Stud and the Advertiser.
F Liability of Simp2Stud
Simp2Stud accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Simp2Stud or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to Simp2Stud.
Simp2Stud shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
Advertisements normally appear in all websites and posts but Simp2Stud reserves the right to omit certain Advertisements from the European editions.
Simp2Stud will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
Simp2Stud cannot guarantee the time, dates, and/or position of Advertisements and all such decisions will be at the sole discretion of Simp2Stud. However, Simp2Stud will use reasonable efforts to comply with the wishes of the Advertiser.
If a booked Advertisement is not published at all solely due to a mistake on Simp2Stud’s part, Simp2Stud will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be canceled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
If the Advertisement as reproduced by Simp2Stud contains a substantial error solely due to a mistake on Simp2Stud’s part, Simp2Stud shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Simp2Stud shall not be responsible for the repetition of errors and it is the Advertiser’s responsibility to inform Simp2Stud of any errors and provide any necessary assistance to Simp2Stud to prevent a repeat of the error.
Simp2Stud shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Simp2Stud and the Advertiser, and Simp2Stud’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
In respect of Advertisements on the Website, Simp2Stud does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this In addition, Simp2Stud will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Simp2Stud.
For the avoidance of doubt, nothing in these Terms will limit or exclude Simp2Stud’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
G Liability of the Advertiser
The Advertiser will fully indemnify Simp2Stud from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by Simp2Stud in accordance with these Terms.
H Rights
Simp2Stud owns the copyright in all Advertisements written or designed by it or on its behalf.
The Advertiser grants Simp2Stud the right (free of charge) to:
use such of the Advertiser’s names, trademarks and/or logos as Simp2Stud may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout, and format of any Website or Newspaper will be subject to variation at Simp2Stud’s sole discretion.
I Cancellation policy
The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card mail. The Advertiser may cancel an Advertisement provided that notice in writing is received by Simp2Stud within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Simp2Stud may treat the order as canceled.
J General
A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
If Simp2Stud fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
These Terms are the entire agreement between the Advertiser and Simp2Stud in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both Simp2Stud and the Advertiser.
These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgment or click-through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
Subject to clauses, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by Indian law and the courts of India and will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).