Advertising Terms & Conditions

Definitions and Acceptance of the Terms and Conditions

Bigballs Media Group (“Bigballs Media Group”) is defined as Bigballs Media Limited and all of its subsidiaries

‘Advertisements’ are defined as advertising space and advertising products provided by Bigballs Media Group, accepted on the terms and conditions set out below (“Terms”).

These Terms apply to the media on which online Advertisements will appear on, including but not limited to www.copa90.com and social media channels operated by Bigballs Media Group (together the “Websites”)

By placing an order, the Advertiser (which is the person placing the order for the Advertisements 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

Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites, in accordance with the Website technical specification at

Bigballs Media Group 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 and remove, not print, suspend or change the position of any such Advertisement. Bigballs Media Group may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Websites. The Advertiser will remain responsible for all outstanding charges.

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

The Advertiser guarantees to Bigballs Media Group that:

any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;

it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;

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);

the Advertisement will not be prejudicial to the image or reputation of Bigballs Media Group or the Websites, and will not contain anything which Bigballs Media Group in good faith considers to be offensive or otherwise inappropriate;

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).

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 Bigballs Media Group and the Advertiser will compensate Bigballs Media Group for any claim made by such advertiser against Bigballs Media Group.

Payment

All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication, or at the rate otherwise communicated to the Advertiser by Bigballs Media Group at the time of booking. Bigballs Media Group may change its rates at any time by publishing the modified rates in writing to the Advertiser. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.

All sums payable to Bigballs Media Group should be made in accordance with Bigballs Media Group Financial Terms & Conditions which are: payment in full is required by the Advertiser prior to booking being confirmed unless otherwise agreed between Bigballs Media Group and the Advertiser at the time of booking; Bigballs Media Group’s standard payment terms are cleared funds 28 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. Bigballs Media Group reserve the right to charge interest on late payment at 4% above the Bank of England base rate.

The Advertiser guarantees to Bigballs Media Group 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 Bigballs Media Group or the Websites; (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.

To the extent Bigballs Media Group 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”), Bigballs Media Group 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.

Bigballs Media Group 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 Bigballs Media Group will be treated as the confidential information of the Advertiser and will not be disclosed by Bigballs Media Group to any third party (other than Bigballs Media Group’s service providers for the purpose of Bigballs Media Group 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.

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 Bigballs Media Group in advance of booking an Advertisement and provide all information requested by Bigballs Media Group regarding such Data Collecting Technology.

If Bigballs Media Group authorizes the Advertiser to use Data Collecting Technology, Bigballs Media Group 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 Bigballs Media Group.

All data collected by Advertiser through such Data Collecting Technology will be confidential information owned by Bigballs Media Group and will not be disclosed by the Advertiser to any third party without the consent of Bigballs Media Group 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 Bigballs Media Group has given agreement in writing. Advertiser shall ensure it complies with the Bigballs Media Group 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 Bigballs Media Group and the Advertiser.

 

Liability of Bigballs Media Group;

Bigballs Media Group accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Bigballs Media Group or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to Bigballs Media Group.

Bigballs Media Group shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.

Bigballs Media Group will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).

Unless otherwise agreed at the point of booking, Bigballs Media Group cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of Bigballs Media Group. However, Bigballs Media Group will use reasonable efforts to comply with the wishes of the Advertiser.

If a booked Advertisement is not published at all solely due to a mistake on Bigballs Media Group’s part, Bigballs Media Group will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.

If the Advertisement as reproduced by Bigballs Media Group contains a substantial error solely due to a mistake on Bigballs Media Group’s part, Bigballs Media Group shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Bigballs Media Group shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform Bigballs Media Group of any errors and provide any necessary assistance to Bigballs Media Group to prevent a repeat of the error.

Bigballs Media Group 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 Bigballs Media Group and the Advertiser, and Bigballs Media Group’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.

In respect of Advertisements on the Websites, Bigballs Media Group does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for external websites and social media platforms over which Bigballs Media Group has no control). In addition, Bigballs Media Group will not be responsible for any failure or delay affecting the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Bigballs Media Group.

For the avoidance of doubt, nothing in these Terms will limit or exclude Bigballs Media Group’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.

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 Bigballs Media Group 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 Bigballs Media Group in accordance with these Terms.

 

Rights

Bigballs Media Group owns the copyright in all Advertisements written or designed by it or on its behalf.

The Advertiser grants Bigballs Media Group the right (free of charge) to:

use such of the Advertiser’s names, trade marks and/or logos as Bigballs Media Group may consider necessary for the purposes of publishing the Advertisements;

reproduce the Advertisement in any media at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at Bigballs Media Group’s sole discretion.

Cancellation policy

The Advertiser may cancel an Advertisement provided that notice in writing is received by Bigballs Media Group within the relevant cancellation period. In respect of Advertisements on the Websites, the minimum notice period for cancellation by the Advertiser is 30 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, Bigballs Media Group 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.

If Bigballs Media Group 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.

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 Bigballs Media Group, and are the entire agreement between the Advertiser and Bigballs Media Group 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.

Subject to clause 26, 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).

 

Terms last updated: 5 June 2017