TERMS OF USE FOR THE ADVERTISER
THESE TERMS AND CONDITIONS are hereby agreed upon on this ………………day of …….……………. Two Thousand and ……………………………
BETWEEN
- ……………….. of {address} who is the owner of oblang.com, an educational and entertainment website which seeks to create the largest database of a picturised version of academically relevant terminologies. This party shall hereinafter be referred to as “THE SERVICE PROVIDER”.
AND
- ……………….. of ………………….(Address) , a private advertiser seeking to place their advertisements on oblang.com and other third party websites which avail advertising, educational and entertainment services of oblang.com, with the aim of maximizing their profits. This party shall hereinafter be referred to as “THE ADVERTISER”.
In the course of this contract, both parties to the contract mentioned above have been individually referred to as “Party” and jointly as “Parties”.
NOW THESE TERMS AND CONDITIONS ARE AGREED UPON BY THE PARTIES:
- The Advertiser hereby agrees to the terms set out by the Service Provider herein for the purpose of placing his/her advertisements in the service Provider’s website, oblang.com as well as other third party websites which avail advertising, educational and entertainment services of oblang.com
- To access the service provider’s website for the purposes of placing an advertisement, the Advertiser shall be required to register on the website by filling an online registration form which shall list out their details including but not limited toentity name, entity business number, full name, rank in the company, website, website logo, username and password.
- Upon provision of such details by the Advertiser and upon acceptance of the terms and conditions, their registration shall be approved and the service provider shall send a notification of approval.
- Further, the Advertiser shall not under any circumstances advertise on behalf of another advertising brand.
- Upon acceptance of terms and conditions by the advertiser, such advertiser may then upload their banners in accordance with the specs given to them. Such banners shall be approved by the service provider before the advertiser can select and proceed to the next level.
- In making such application to the service provider, the advertiser shall ensure that they are a legitimate company advertising genuine products using their own brand name to advertise products.
- In placing their advertisements, the advertiser shall ensure that such advertisements are age appropriate and devoid of pornographic or adult product elements.
- The Advertiser shall be at liberty to select a terminology to sponsor for a fee where after their advertisement shall appear next to the terminology each time the cartoon character is shown. This shall however not be applicable to the homepage.
- The Advertiser shall have the option of easy purchase where depending on the number of terminologies that such advertiser is desirous of sponsoring, the computer will randomly pick the said terminologies to advertise and the amount required for it to check out. Further, the Advertiser shall have the option to edit amounts before a check out is made.
- Further, the Advertiser shall be at liberty to sponsor online prize money competitions for a fee that shall be agreed upon. In return for such sponsorship, the Advertiser’s banner shall be featured before and after the competition.
PAYMENT
- The Advertiser shall place an agreed amount in credit with the Service Provider whereby the same shall reduce each time an advertisement is viewed or clicked by a user.
- In the event that the aforementioned credit falls below the agreed threshold, the Advertiser shall be notified to top up their credit by way of Paypal, credit card or another means that may be agreed upon; failure to which their banner will be disbanded from the site.
- The Advertiser shall be at liberty to claim their unused credit in the event they elect to withdraw their instructions. Notwithstanding such withdrawal, credit that has already been used shall not be refunded.
- In the event of withdrawal by the Advertiser, the transfer fees shall be borne by the Advertiser and shall be deducted from the credit that the Advertiser seeks to withdraw.
TIME LIMITATION OF THE TERMS OF USE
- These terms of use shall run for …….number of years from the date of its execution of parties herein, until the completion of the work by parties or until termination of the terms by either party; whichever shall come first.
LIMITATION OF LAIBILITY
- The Service Provider shall only run advertisements for the Advertiser and shall not bear any responsibility for the Advertisements placed on their website.
- If any action is brought against the service provider due to the advertisements that the Advertiser has placed, the Advertiser shall defend, indemnify and hold the Service Provider risk free.
BINDING TERMS
- The terms and conditions of this contract shall be binding upon the parties herein and any dispute arising shall solved by ……………………
TERMINATION OF CONTRACT
- Any party shall be at liberty to withdraw from these terms of use subject to giving sufficient notice of ……… month(s), making all payments on outstanding arrears and making all logical arrangements that are required in the nature of the business the parties herein are engaged in.
ENTIRE AGREEMENT
- This terms and conditionscontain the whole agreement and understanding between the parties herein and supersedes all previous terms(if any) whether written or oral between the parties in respect of such matters.
INTELLECTUAL PROPERTY
- Other than the content owned by the Advertiser, the Service Provider owns all the intellectual property and the material contained in the website.
GOVERNING LAW AND JURISDICTION
- These terms of use will be governed by and interpreted in accordance with the laws of Australia and both parties shall submit to such jurisdiction in its entirety.
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