2. In these T&Cs, "Advertiser" means the person or other legal entity placing the order for the Advertisement ("the Order") 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 and by placing an Order the Advertiser accepts and agrees to be bound by these T&Cs in full.
3. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of the product or service to place the Order with ASMAA and the Advertiser will compensate and indemnify ASMAA in full for any claim made by such advertiser against ASMAA in respect of the publication of such Advertisement.
4. The "Contract" for the publication of the Advertisement will be created on ASMAA's acceptance of the Advertiser's Order. Such acceptance shall be by means of the first to occur of any express form of acceptance (written) given by an authorized representative of ASMAA or by publication of the Advertisement or by delivery of an invoice in respect of ASMAA's fee for the publication of the Advertisement. The Contract will incorporate these T&Cs.
5. All Orders will be accepted subject to ASMAA's approval of the advertising copy and to the space being available in the relevant publication. Such approval does not mean that ASMAA has satisfied itself that the advertising copy complies with these T&Cs and does not release the Advertiser from its responsibilities under the Contract, including these T&Cs.
6. If ASMAA considers any Advertisement to be unsuitable or contrary to these T&Cs it may, without any liability to the Advertiser, reject, cancel or require the Advertisement to be amended and may remove, not print, suspend or change the position of such Advertisement. The Advertiser will remain responsible for all fees in respect of the Advertisement.
7. If it is intended to include in an Advertisement a competition or a special offer of merchandise other than that normally associated with the advertised product or service, full details must be submitted at the time of the Order. ASMAA shall have no obligation to ensure the Advertiser fulfills the Advertisement's promotional or other incentive.
8. The Advertiser warrants to ASMAA that:-
8.1 all information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
8.2 it has obtained the consent of any living person whose name or image (in whole or in part) is contained in the Advertisement;
8.3 the Advertisement is legal, decent, honest and truthful and is not contrary to the provisions of any applicable law, regulation or code of practice (including the Portuguese Code of Advertising, Sales Promotions and Direct Marketing) and all other codes under the general supervision of the Advertising Standards Authority and is not libellous or obscene and does not infringe the rights of any person or other entity (including any copyright or other intellectual property rights);
8.4 the Advertisement will not be prejudicial to the image or reputation of ASMAA or any of its publications; and
8.5 any Advertisement submitted for publication digitally (including online) will be free of any viruses and will not cause any adverse effect on the operation of any website or other digital device.
9. In the case of the digital (including online) publication of an Advertisement by ASMAA:-
9.1 the Advertiser agrees that the Advertisement will be targeted at individuals in Portugal and visitors to Portugal;
9.2 ASMAA cannot guarantee the number of impressions during any campaign period.
9.3 in the event of any disagreement regarding the number of impressions served during any campaign period, the Advertiser agrees that the figures provided by ASMAA will be final and binding;
9.4 ASMAA cannot guarantee the position, date and/or time of the publication of an Advertisement and such decision will be at the sole discretion of ASMAA, which will use its reasonable endeavours to comply with the wishes of the Advertiser;
10. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in ASMAA’s "Rate Cards" published from time to time or such other rate agreed with the Advertiser. ASMAA may change its Rate Cards at any time. Any changes to the rates will take effect immediately but will not apply to any Order which ASMAA has accepted for publication prior to the date of such change.
11. All rates for Advertisements are exclusive of VAT unless otherwise stipulated in the order form.
12. ASMAA's payment terms are payment due on presentation of the invoice. ASMAA may charge interest on late payment of any invoice.
13. ASMAA may suspend or delay publication of any Advertisement for any Advertiser.
14. ASMAA will use its reasonable endeavours to re-produce Advertisements as provided by the Advertiser but cannot guarantee the Advertisement will be of the same quality.
15. ASMAA will not be responsible for any loss or damage to any copy or other materials supplied by the Advertiser and in placing the order for the Advertisement the Advertiser warrants that it has retained sufficient quantity and quality of all such copy and materials for use in any other circumstances. ASMAA reserves the right to destroy all copy and other material supplied by Advertisers which has been in its custody for three months from the date of ASMAA's acceptance of the order for the Advertisement.
16. ASMAA will not be responsible for any withdrawal, delays in publication, additions to, changes in or deletions from any Advertisement.
17. If the Advertisement as published by ASMAA contains a substantial error solely due to ASMAA’s mistake, ASMAA will, on request from the Advertiser, re-publish the Advertisement at no additional cost to the Advertiser. This will be the Advertiser's sole remedy for the original error. ASMAA shall not be responsible for repetition of errors and it will be the Advertiser's responsibility to inform ASMAA of any errors and provide any necessary assistance to ASMAA to prevent a repeat of any error.
18. ASMAA does not guarantee continuous, uninterrupted access by users of any digital medium (including online) upon which the Advertisement is published. In addition, ASMAA will not be responsible for any failure or delay affecting the production or publication of any Advertisement in any medium where such failure or delay is the result of any act, omission, interruption, fault or other circumstance beyond the reasonable control of ASMAA.
19. ASMAA shall not be responsible for any loss of revenue, loss of profit, loss of anticipated savings, loss of opportunity, loss of goodwill and/or any other loss which happens as a consequence of any direct and proven losses suffered by the Advertiser or for any other loss.
20. The Advertiser acknowledges that it is aware that the festival is being run as a fundraiser for the Say No to Oil and Gas campaign, and that should ASMAA fail to raise the necessary funding to run the festival that the festival may be cancelled, and that should that happen that any fees paid by the Advertiser will be channeled as funds for the Say No to Oil and Gas campaign and that no refunds will be made.
21. ASMAA owns the intellectual property rights (including copyright) in all Advertisements written or designed by it or on its behalf. The Advertiser grants ASMAA the right, free of charge, at all times to:-
21.1 use such of the Advertiser's names, trademarks and/or logos as ASMAA may consider necessary for the purpose of publishing the Advertisement; and
21.2 reproduce the Advertisement in any media at any time from the date the Advertisement was last published and the content, layout and format of any such reproduction of the Advertisement will be subject to variation at ASMAA's sole discretion.
22. If the Advertiser is in material breach of the Contract (and, in the case of a breach capable of remedy, fails to correct the breach within a reasonable period stipulated by ASMAA) or, in the reasonable opinion of ASMAA is insolvent ASMAA and/or, upon giving written notice to the Advertiser cancel the Contract. Such cancellation shall not relieve the Advertiser from the responsibility to pay the fee for the Advertisement and no repayment of the fee will be made if the fee has already been paid.
23. The Contract shall be personal to the Advertiser who may not assign or otherwise transfer, or sub-contract, its rights and obligations.
24. Any person who is not a party to the Contract will have no right to rely upon or enforce any term of the Contract.
25. If ASMAA fails or delays in exercising its rights or remedies under the Contract, it shall not be deemed to have waived that or any other right or remedy under the Contract.
26. The Contract will be governed by the laws of Portugal and the Courts of Portugal will have exclusive jurisdiction in any disputes arising under the Contract.
27. In these T&Cs ASMAA means the Algarve Surf and Marine Activities Association registered in Portugal with NIPC number 510 381 952.
GENERAL - SPECIFICALLY FOR THE ALGARVE SUP FESTIVAL - SUMMER 2015 (WEBSITE AND MAPS)
- Full payment is due on signature of this order. If a payment schedule has been authorised by ASMAA, then a deposit is required, with balance being due and payable on presentation of subsequent invoice(s) for the balance(s) outstanding. Payment terms shall be no more than 3 payments including deposit paid.
- Please make sure that you give us your fiscal number.
- Invoices for advertising will be issued via e-mail.
- Checks are to be made payable to ASMAA Algarve Surf and Marine Activities Association or you may pay directly into their bank account.
ASMAA - ALGARVE SURF AND MARINE ACTIVITIES ASSOCIATION
NIB: 0038 0000 40309681771 32
IBAN: PT50 0038 0000 40309681771 32
REF: Say No to Oil and Gas Campaign SUP Festival Map Ad /or Say No to Oil and Gas Campaign SUP Festival Website Advertising (whichever is applicable)
OTHER TERMS AND CONDITIONS
- All bookings are subject to confirmation of acceptance by ASMAA (Algarve Surf and Marine Activities Association.
- All bookings are subject to availability. (Limited number of advertisers per section and per leg of festival, its first come first served)
- The period of advertising for the Algarve SUP Festival Summer 2015 website will go live as from 1 August 2014.
- Online ads will be placed online in the festival website in the month of final confirmation of booking and will stay live only until 31 June 2015.
- Maps advertising – ASMAA reserves the right to change the maps, the number of maps, distribution or its entire cancellation.
Advertisement content and specification:
- All ad photo files must be supplied to ASMAA's size specifications and optimized ready for use. ASMAA reserves the right to reject files which hamper the overall performance of its site.
- External hyperlinks from adverts will be set to open in a new browser window and must go to the same site/ product/ service as is being advertised.
- The advertiser shall be solely responsible for ensuring the content of the advertisement is compliant with all applicable laws and regulatory standards.
- ASMAA may at its discretion reject any advertisement supplied which does not comply with the specifications or which ASMAA considers to be misleading, defamatory or otherwise unacceptable for any other reason.
- No advertisement shall appear until such time as the specifications have been met.
Invoicing and payment:
- ASMAA will issue an invoice for the advertising fees to the advertiser upon acceptance of the booking.
- The advertiser will pay the advertising fees to ASMAA on presentation of the invoice.
- All advertising fees stated in or in relation to this agreement are stated exclusive of VAT (unless the context requires otherwise).
- No refund or reduction in fees shall be given.
- Advertising bookings for the festival site will be open from 1 August 2014 and all adverts will stay live until 31 June 2015. The quicker you book and pay the longer your ad will be visible on the website of the festival.
- Advertising fees must be paid either via PayPal, bank transfer or by cheque (using such payment details as are notified by ASMAA to the advertiser from time to time).
- In the event of cancellation by advertiser, any deposits or fees paid are non-refundable.
- In the event of cancellation by ASMAA, any deposits or fees paid by the advertiser / sponsor are non-refundable.