Definitions and Acceptance of the Terms and Conditions
PMA Ltd accepts online advertisement or banner ads on the terms and conditions set out below (“Terms”).
These Terms apply to:
(i) online advertisements or banners ads on the PMA website: https://pma-uk.org
By placing an advertisement or banner ad, the Advertiser (which is the person placing the order for the Advertisement or banner ad whether they are the advertiser of the product or service referred to in the Advertisement or banner ad accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisement or banner ad
Materials for Advertisement or banner ad on the Website should be supplied by the deadline notified and in accordance with the Website technical specification provided.
PMA may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement or banner ad to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the location of any such Advertisement or banner ad. PMA may refuse to publish any Advertisement or banner ad for any Advertiser who has not paid any sums due for any advertising on the Website.
The release of an Advertisement or banner ad by PMA does not mean that PMA accepts the Advertisement or banner ad has been provided in accordance with these Terms or that PMA has waived its rights under these Terms.
The Advertiser guarantees to PMA that:
(i) any information supplied in connection with the Advertisement or banner ad is accurate, complete, true and not misleading.
(ii) the Advertisement or banner ad 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”) are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights)
(iii) the Advertisement or banner ad will not be prejudicial to the image or reputation of PMA or the Website and will not contain anything with PMA in good faith considers to be offensive or otherwise inappropriate.
(iv) all Advertisement or banner ads submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement or banner ad will cause an adverse effect on the operation of the Website.
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 or banner ad with PMA and the Advertiser will compensate PMA for any claim made by such advertiser against PMA.
Payment
All Advertisement or banner ads are accepted on the basis that they will be paid for at the applicable rates applicable for the duration of the campaign.
All sums payable to PMA Ltd should be made in accordance with PMA Financial Terms & Conditions which are:
(i) PMA will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
(ii) PMA’s standard payment terms are cleared funds 7 days from date of invoice.
Online Advertisement or banner ads
PMA cannot guarantee the number of impressions.
PMA agrees that all Advertisement or banner ads will be targeted at individuals in the UK.
The Advertiser guarantees to PMA that any landing page and/or destination site linked to from the Advertisement or banner ad (“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,
(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 PMA or the Website
(vi) be free from viruses, adware, malware, and/or bit torrents,
(vii) not cause an adverse effect on the operation of the Website, and
(viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
To the extent PMA 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”), PMA 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.
Data Collecting on: https://pma-uk.org
Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Websites and tracking impressions and related data, it shall notify PMA in advance of booking an Advertisement or banner ad and provide all information requested by PMA regarding such Data Collecting Technology.
If PMA authorises the Advertiser to use Data Collecting Technology, PMA will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to PMA.
All data collected by Advertiser through such Data Collecting Technology will be confidential information owned by PMA and will not be disclosed by the Advertiser to any third party without the consent of PMA in advance. In no event shall such Data Collecting Technology or the data collected from it be used by Advertiser for the purpose of tracking or targeting users when they leave the Websites or be combined with information collected from other sources, except where PMA has given agreement in writing. Advertiser shall ensure it complies with the PMA privacy policy or policies with respect to such Data Collecting Technology and all applicable laws and regulations and that all such data will be deleted from its servers upon the end of the relationship between PMA and the Advertiser.
Liability of PMA
If the Advertisement or banner ad as reproduced by PMA contains a substantial error solely due to a mistake on PMA’s part, PMA shall, on request, re-publish the Advertisement or banner ad at no additional cost to the Advertiser. PMA shall not be responsible for repetition of errors, and it is the Advertiser’s responsibility to inform PMA of any errors.
PMA shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by PMA and the Advertiser, and PMA’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement or banner ad whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement or banner ad actually paid by or on behalf of the Advertiser.
In respect of Advertisement or banner ad on the Website, PMA does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
The Advertiser will fully reimburse PMA 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 or banner ad by PMA in accordance with these Terms.
Rights
The Advertiser grants PMA the right (free of charge) to:
(i) use such the Advertiser’s names, trademarks and/or logos as PMA as necessary for the purposes of publishing the Advertisement or banner ad.
Cancellation policy
The cancellation period for an Advertisement or banner ad is one week prior to the start date. The Advertiser may cancel an Advertisement or banner ad provided that notice in writing (email) is received by PMA within the relevant cancellation period. In respect of Advertisement or banner ad on the Websites, the minimum notice period for cancellation by the Advertiser is 7 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, PMA may treat the order as cancelled.
General
A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms. 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.
These Terms and the documents referred to herein replace all previous agreements between the Advertiser and PMA and are the entire agreement between the Advertiser and PMA in respect of the Advertisement or banner ad.
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.
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 juris
