Hope4 Online Advertising Terms
Please note: Hope4homes and Hope4cars are a part of Hope4 Trading Ltd
Before you become entitled to receive our advertising services, you must read and accept the terms and conditions set out in this agreement by clicking on the "Accept" button on the registration page. By clicking on the "Accept" button you agree to be bound by the terms and conditions of this agreement. If you do not accept this agreement, you are not authorised to receive and use our advertising services in anyway.
1. Scope of this Agreement
This agreement relates to the advertiser electronically submitting its advertisements for properties and automobiles to the Hope4 website via Hope4's on-line advertising posting service. Such advertising content will be automatically posted and published by our systems into the cars section ("Hope4cars" ) and the homes section ("Hope4homes" ) of the Hope4 website, as applicable, so that such advertising content is advertised to and may be accessed by Hope4's users (defined below).
1.1 We offer an advertising service whereby Hope4 will process and post the advertiser's adverts to the Hope4 website on behalf of the advertiser. Such advertising service is usually for higher value, multiple volume advertisements. If the advertiser is interested in this service they should contact us using our contact details and we will let the advertiser know if it qualifies for this advertising service.
1.2. Each electronic submission of the advertising content by the advertiser to the Hope4 website via the posting service will remain advertised on the Hope4 website for up to 4 weeks from the launch date unless the advertiser selects a shorter period via the posting service. Such 4 week period or such shorter period selected by the advertiser will be the "Advertising Period". Each posting of advertising content to the Hope4 website will first appear on the Hope4 website no later than 3 working days ("Working Days" are defined as Monday-Friday between 9am and 5pm 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 Hope4 website for the first time and this day will be the "Launch Date" for the purposes of this agreement. If the advertiser wishes to extend the advertising period they can do so by selecting such extension via the posting service.
1.3. The advertiser will be liable for the fees payable to Hope4 for the advertising services in accordance with this agreement and the advertiser will pay the fees to Hope4 in accordance with clause 4 below.
1.4. At all times, the advertiser is solely responsible for electronically submitting the advertising content to the Hope4 website and the contents and details of any of the advertising content provided to Hope4 under this agreement. Hope4 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. Hope4 will not be liable for any errors, mistakes, or omissions made during the electronic submission, processing and/or posting the advertising content to the Hope4 website.
1.5. Hope4 allows users to search for and access the content of the Hope4 website (including the advertising content advertised on the Hope4 website) and other websites on the Internet. Hope4 does not guarantee that the advertising services will lead to a successful advertising campaign for the advertiser.
1.6. The advertiser is responsible for keeping the advertising content up to date and ensure it is correct at all times, including prior to submitting it to the Hope4 website.
2. Changes and Deletion by the Advertiser
After the launch date the advertiser may delete any of the advertising content from the Hope4 website 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 Hope4
3.1. Hope4 may delete any advertising content from the Hope4 website or refuse to post any advertising content to the Hope4 website if:
(a)we feel that our rules or terms and conditions are regularly or deliberately breached. In the interests of everyone else, people who regularly break our posting rules may find their future use of the site restricted.
(b) the content of such an advertising content is not consistent with hope4's reasonable advertising standards from time to time in effect;
(c) such advertising content does or is likely to breach any applicable law or regulation;
(d). the advertiser has breached or threatened to breach the terms of this agreement; or
(e) the content of any advertising content is obscene, blasphemous, defamatory, or infringes the Intellectual Property Rights (defined in clause 8.2 below) of any third party.
3.2. Hope4 may immediately delete, suspend, or refuse to accept any advertising content if the advertiser fails a credit check carried out by Hope4 or a third party at any time or if the advertiser resells any of Hope4's advertising services set out in this agreement to any third party. Hope4 may check that the advertiser or the person dealing with Hope4 on behalf of the advertiser has authority to use any credit or other payment card in relation to this agreement.
3.3. Hope4 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 Hope4 website up to the date of such deletion or refusal. Hope4 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. Hope4 may move, change the position of, or reduce or increase the size of any advertising content on the Hope4 website at any time if necessary or desirable for organisational or presentational reasons on the Hope4 website.
3.5. Other than as set out in this agreement Hope4 will not amend or change the advertising content on the Hope4 website.
3.6. Unless otherwise agreed by the parties in accordance with Clause 10.1 below, irrespective of any action taken by Hope4 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. Hope4will give the advertiser reasonable notice prior to any action taken by Hope4 pursuant to clause 3. However, if such action is immediate, Hope4 will give the advertiser notice as soon as reasonably practicable thereafter.
4. Payment and Invoicing
4.1 Hope4 has the right to change their price plan and mode of payment method for increased customer satisfaction and quality of service. Hope4 will try to give the advertiser as much notice where possible either by email or telephone or by posting notice on the Hope4 site prior to taking any of the actions described in this clause 4.1, but prior notice may not always be feasible for a variety of reasons.
4.2. 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 Hope4 website.
4.3. 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 Hope4 in accordance with clause 10.1, the advertiser will pay the fees due under this agreement to Hope4 by credit card or other payment card. Payment will be deemed to have been made by the advertiser to Hope4 at the time the advertiser's credit card or other payment card is charged and Hope4 is in receipt of cleared funds from the credit card or other payment card in Hope4's bank account.
4.4. 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 Hope4.
4.5. All fees and any other additional fees or charges described in this agreement or set out in the Hope4 website are in pounds sterling and net of value added tax (VAT). VAT is due and payable on all fees.
4.6. In the event that Hope4 or our systems provide 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 Hope4 has deducted such incorrect amount of fees from the advertiser's credit or other payment card, as applicable, the advertiser will pay Hope4 the correct amount due to Hope4 by credit or other payment card if Hope4 contacts the advertiser and provides details of the incorrect quote or, if applicable, Hope4 will refund any overcharged fees to the advertiser due to such incorrect fees being previously charged to the advertiser under this Clause 4.6.
5. Hope4 Website and the Advertising Content
5.1. Hope4 makes no representation or warranty that the whole or part of the Hope4 website will be accessible at all times, or useable by all users and/or the advertiser, or error free.
5.2. Hope4 reserves the right without notice to the advertiser, to suspend temporarily or alter the operation of the Hope4 website, for legal or technical reasons. Hope4 will try to give the advertiser as much notice where possible either by email or telephone or by posting notice on the Hope4 site prior to taking any of the actions described in this clause 5.2, but prior notice may not always be feasible for a variety of reasons.
5.3. The advertiser will ensure that all advertising content or any other information provided by the advertiser is legal, decent, honest, truthful, accurate and not misleading in any way and the advertiser will not use the Hope4 website 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 Hope4 website. The advertiser will ensure that the advertising content does not contain material that is obscene, blasphemous, defamatory, infringing on any rights of any third party or 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 hope4 website and to deal with it as described in this agreement, and the advertiser hereby provides, all such consents, leases and licences toHope4, for the purposes of this agreement.
5.6. Hope4 will have control over the look and feel of the hope4 website, including the advertising content provided by the advertiser to the Hope4 website 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 Hope4 website will be notified to Hope4 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 Hope4 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 1.2) 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 an unexpected disaster 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 unexpected disaster (defined in clause 10.4 below). The advertiser will be liable for the fees for the relevant advertising up until the date of the unexpected disaster.
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 hope4 or the advertiser.
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, in no event will Hope4 be liable for:
(a) any damages caused by the failure of the advertiser to perform its obligations under this agreement;
(b) the advertising content provided by the advertiser;
(c) any damage or loss of any materials (in electronic or other form) supplied by the advertiser for the purposes of this agreement;
(d) the termination of this agreement;
(e) the cancellation, deletion or suspension of any advertising content in accordance with this agreement by either party;
(f) temporary interruptions, errors, delays or restrictions to the hope4 website or
(g) save as otherwise set out in clause 7.4 below, any damages arising out of this agreement.
7.3. Subject to clause 7.1 above and clause 7.4 below, to the extent that Hope4 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, Hope4's entire liability for any one incident or related series of incidents will be limited to the greater of:
(a) £250 or
(b) the fees actually paid by the advertiser to Hope4 during the 3 months preceding the date on which the liability arises.
7.4. Subject to Clause 7.1 above, in any year, Hope4'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, Hope4 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 hope4 website 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.
8.1. The advertiser will fully indemnify Hope4 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 Hope4'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, trademarks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom).
9. Personal Data
10.1. Subject to any fraudulent statements or misrepresentations, this agreement is the entire agreement between Hope4 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 Hope4. 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 Hope4 without Hope4'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 an unexpected disaster, such non-performing party will not have liability to the other arty for such failure to perform. Unexpected disaster 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, sub-licensed or otherwise transferred by the advertiser in whole or in part without the prior written consent of Hope4.
10.6. No Third Party Benefit
(a). The advertiser acknowledges that Hope4 has entered into this agreement for its own benefit and for the benefit of advertising services.
(b) Subject to clause 10.6 (a) 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 a available apart from that act.
10.7. At the time of acceptance, the individual clicking on the "Accept" buttonrepresents that he/she is duly authorised to enter into this agreement.
10.8. As otherwise set out above, any notice required to be given under this agreement will be in writing and will be sent to the company secretary of Hope4 or to the duly authorised representative of the advertiser identified pursuant to clause 10.7 above. 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:
(a) if delivered personally - at the time of delivery;
(b) 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 for clients as stated in Clause 2 (9) of our General Terms and Conditions for Advertising (GTCA) will be charged at a rate of £50 per hour.
12. Notice and Takedown Policy
We are a site dedicated to serving advertisements placed by third parties outside of our control. We do not edit each advertisement that we serve and cannot be held responsible for the contents of these advertisements.
If an advertisement contains content that you consider to be:
- your copyright material;
- your confidential information
- libellous of you
Please notify us at the following e-mail address firstname.lastname@example.org. You must precisely identify the advertisement about which you are notifying us. If you do not do so then we will ignore your notice as it is nearly impossible for us to track-down an advertisement without a precise description. Take a screenshot if you are in any doubt. You should also provide us with details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright.
Promptly after receipt of your valid notice we will investigate your complaint and may, as a result, remove or edit the content about which you are complaining after discussion (if practicable) with the content-owner.