1. Classlist is a trading division of Intrepid Ant Ltd ("the Company"), company number 08621032 and registered office at 77 Kingston Road, Oxford, OX2 6RJ
2. This is a fixed term contract between the Company and the advertiser ("the Client") and is not subject to cancellation or termination by the Client.
3. This contract relates to an advertisement ("the Advertisement") produced by the Client, which the Company undertakes to transmit from start date for specified number of weeks at the agreed sites.
4. The Company has made available advertising templates which the Client must use for the production of the Advertisement. The Client acquires no rights or title to these templates, the intellectual property rights of which shall remain with the Company at all times.
5. The Client shall ensure that the Advertisement complies with the British Code of Advertising issued by the Committee of Advertising Practice. In particular, the Client agrees that the Advertisement shall be legal, decent and honest and shall contain nothing that is likely to cause serious or widespread offence or embarrassment.
6. For avoidance of doubt, advertisements will not be permitted for the following:
- Tobacco products
- Pornography or illicit material
- Adult services including massage, saunas, chat lines and text services
7. The list at clause 6 is not exhaustive and the Company reserves the right for any reason to withhold, withdraw or refuse any advertisement.
8. The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright, trademark or design or in respect of any passing off or slander or title arising in consequence of the exhibition of the Advertisement in pursuance of this contract.
9. The Advertisement will be considered non-confidential and non-proprietary and the Company will have the right to use, copy, distribute and disclose it to third parties for any purpose. The Company will also have the right to disclose your identity to any third party who is claiming that any material provided by you constitutes a violation of their intellectual property rights, or of their right to privacy
10. The Client shall have no preferential rights as to their position in the programme in which the Advertisement is contained ("the Programme").
11. The Company will use its best endeavours to ensure that the Advertisement is displayed at least once in every 10 minute period during the normal hours of operation of each screen on which it has been placed
12. Adverts are displayed for 10 seconds.
13. The Company will use its best endeavours to ensure that the Advertisement is displayed from the start date and on the site(s) specified in this contract. The company reserves the right however to amend the start date and / or to transfer the advertisement to an alternative site(s).
14. All advertising must be paid for on order by debit/credit card.
15. A VAT invoice will be issued to the Client’s billing address on receipt of payment
16. The Company may cancel this contract at any time. If cancelled by the Company, the Company will refund a proportion of the fee paid by the Client for the time that the Advertisement was not displayed on a pro-rata basis.
17. Neither party excludes or limits liability to the other party for death or personal injury or for fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law. Subject to this, the cumulative liability of the Company shall be limited to the total charges paid by the Client in accordance with the terms of this agreement. For the avoidance of doubt, the Company will not be liable for any indirect or consequential losses nor losses of profit, goodwill or opportunity.
18. The benefit of this contract may be assigned by the Company in whole or in part.
19. All notices by the Company to the Client and the Client to the Company shall be binding, valid or effective if sent by recorded delivery post to the addresses stated on this contract overleaf or such other address as may be notified by one party to the other.
20. This contract contains all the terms and conditions between the parties hereto; the Company has made no warranty (oral, express or implied) except as stated herein.
21. In the event of wars, insurrection, earthquake or Act of God or anything that might be construed as Force Majeure by the English courts or beyond the control of the Company, then the Company shall be excused from carrying out its obligations under this contract.
22. The terms of this contract shall be construed under the laws of England & Wales.