Resident Advisor

Terms & conditions

Definitions and Acceptance of the Terms and Conditions

1. Resident Advisor (Resident Advisor Ltd and all associated companies and subsidiaries) (RA) accepts publication of advertisements on the terms and conditions set out below ("Terms").

2. These Terms apply to:
(i) online advertisements on www.residentadvisor.net

3. By placing an order, the Advertiser (which is the person 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.

Content and Delivery of Advertisements

4. Materials for an Advertisement must be provided 48 hours prior to the agreed launch date.

5. RA 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. RA may refuse to launch any Advertisement for any Advertiser who has not paid any sums due for any advertising on the Website. The Advertiser will remain responsible for all outstanding charges.

6. The publication of an Advertisement by RA does not mean that RA accepts the Advertisement has been provided in accordance with these Terms or that RA has waived its rights under these Terms.

7. The Advertiser guarantees to RA that:

(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) 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 libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of RA, and will not contain anything with RA in good faith considers to be offensive or otherwise inappropriate;
(v) all 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(s).

8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with RA and the Advertiser will compensate RA for any claim made by such advertiser against RA.

Payment

9. All sums payable to RA should be made in accordance with RA Financial Terms & Conditions which are:

- All new Advertising clients must pre-pay for their Advertising prior to their campaign launch. RA will provide services with receipt of cleared funds prior to the booking being confirmed. Thereafter, unless a customer has applied for and been accepted as a credit account customer, RA will provide services only on a pre-payment basis.

- Customers wishing to apply for a credit account must complete a Credit Application Form, which is available on request from your sales contact, and pass all credit checks.

- RA retains the right to credit check all credit applicants and credit account holders, at any time, without notification. Until credit facilities are granted customers will remain on prepayment terms.

- RA's standard payment terms are cleared funds 30 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date.

- As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date.

- RA reserves the right to charge any client interest on late payments in accordance with Directive 2011/7/EU (On Combating Late Payment In Commercial Transactions) at a rate of 8% above the Bank of England interest rate plus a charge for collection costs of £100 per invoice.

10. RA reserves the right to recover outstanding funds from ticket revenues generated via Resident Advisor Tickets, where necessary in line with Appendix A.
Online Advertisements

11. 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 RA's applicable third party provider will be final and binding.

12. RA 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, RA shall, as the Advertiser's sole remedy and provided the Advertiser has notified RA of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. RA 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%, RA will not be liable unless such over-delivery arises due to RA's act or omissions.

13. The Advertiser guarantees to RA 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 libellous 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 RA or the Websites 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(s), and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.

14. To the extent RA sets cookies on the devices of users of the Advertiser's Site(s) or uses any other data collecting technology (such as tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data ("Advertiser Data"), RA shall notify the Advertiser and the Advertiser shall ensure that the Advertiser's Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.

15. RA 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 RA will be treated as the confidential information of the Advertiser and will not be disclosed by RA to any third party (other than RA's service providers for the purpose of RA 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.

16. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.

Liability of the Advertiser

17. The Advertiser will fully reimburse RA for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by RA in accordance with these Terms.
Rights

18. RA owns the copyright in all Advertisements written or designed by it or on its behalf.

19. The Advertiser grants RA the right (free of charge) to:
(i) use such of the Advertiser's names, trade marks and/or logos as RA may consider necessary for the purposes of publishing the Advertisements;
(ii) For the avoidance of doubt, the content, layout and format of the Website will be subject to variation at RA's sole discretion.
Cancellation policy

20. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 (thirty) days in writing via registered post or e-mail, unless agreed otherwise. If via e-mail, please send notice of your intention to cancel to the person who made your booking copying in [email protected] If via post, please send for the attention of the to the address: Resident Advisor, 26 Hertford Road, London, N1 5QT, United Kingdom. Cancellation will only be effective on confirmation of receipt of your notice. If cancellations are made after 30 (thirty) days the Advertisements remain transferrable, however the full invoiced amount remains due.

21. Once the campaign has commenced it cannot be cancelled. The impressions can be reallocated for the Advertiser to use at a later date subject to RA’s discretion.

22. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, RA may treat the order as cancelled. RA reserves the right to recover funds from Resident Advisor Tickets Ltd ticket balances, please see Appendix A for further details.

General

23. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.

24. If RA 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.

25. 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.

26. These Terms and the documents referred to herein replace all previous agreements between the Advertiser and RA, and are the entire agreement between the Advertiser and RA in respect of the Advertisements. 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.

27. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).


APPENDIX A

For the avoidance of doubt, this appendix confirms the association between Resident Advisor Ltd and Resident Advisor Tickets Ltd and the transfer of tickets funds from Resident Advisor Tickets Ltd to Resident Advisor Ltd

Parties
Clients are any customer of RAL or RAT.

Resident Advisor Ltd (RAL), a company registered in England, company number 05871093, provides advertising services on residentadvisor.net to companies worldwide.

Resident Advisor Tickets Ltd (RAT), company registered in England, company number 06693456, provides ticket sales services to companies worldwide.

All companies are associated by common ownership and Directors.

Ticket Funds
During the normal carrying out of its business activities, RAT holds ticket sale funds on the behalf of its clients. These funds are remitted to clients after the successful completion of the ticketed events.

Ticket Fund Transfer
In agreeing these terms and conditions all clients do so in the understanding that RAT retains the right to withhold the ticket funds of any client who is overdue in the payment of invoices to either RAL, and ultimately transfer those funds to RAL to cover the non-payment of invoices.