Advertisers Terms and Conditions

These terms and conditions together with the Insertion Order shall define IMS' and the advertiser's obligations with respect to the delivery or display of advertising campaigns by IMS. Each insertion order submitted by an advertiser shall be governed by these terms and conditions.

The Advertiser is solely responsible for the content of each advertisement. Advertiser agrees to supply correctly functioning creatives to IMS within 24 hours of the campaign start date.

IMS may modify the flight dates of a campaign if the creative or URLs are not delivered on time or there are other delays beyond its control.

Advertiser understands and acknowledges that IMS cannot monitor all host sites for appropriate content. If the advertiser reasonably determines that the placement of any campaign harms the goodwill or reputation of the advertiser or disparages or brings the advertiser into disrepute, then IMS shall use its reasonable commercial efforts to remove the campaign from the offending website and advertiser and IMS shall agree revised campaign flight dates if required.

All media delivered on non-offending placements shall be billable even if part of the same campaign has appeared on inappropriate placements. In this event, IMS shall determine what portion of the campaign was delivered correctly and invoice accordingly.

IMS reserves the right to pause any campaign that does not meet or satisfy performance expectations or for any other reason upon notice to the advertiser.

IMS makes no guarantee for the performance of a campaign, for its targetting accuracy or any other specified variable.

Discrepancies

All campaigns shall be billed against IMS counting. Should a discrepancy develop, the first 10% of any discrepancy will be payable and the balance split 50:50 with the advertiser. It is the responsibility of the advertiser to report any discrepancy as soon as it develops.

Any dispute concerning payment of the invoice shall be made within 15 days of receipt of the invoice to invoices@ukims.net. Disputes raised outside of this time limit shall not be accepted and payment will be due as set out in the invoice.

Payment

All payments will be made in advance unless credit is approved. Where credit is extended to an advertiser, IMS invoices are payable on 30 days from the date of the invoice. This period may vary and the Insertion Order will specify this. Any unpaid amount remaining outstanding beyond this time shall attract a statutory late payment interest charge on a daily basis equal to 8% plus the Bank of England base rate. This charge will be applied to any outstanding balance together with outstanding interest.

In addition to interest, IMS will apply the fixed sum late payment compensation provided for in the Late Payment of Commercial Debt Regulations 2002. These are as follows: £40 for a debt of less than £1000; £70 for a debt of £1000 or more but less than £10,000; £100 for a debt of £10,000 or more.

Advertiser shall be responsible for payment of all bank transfer and commission charges related to movement of funds in payment of their campaign.

Limitation of Liability

IMS shall not be liable for any punitive damages or indirect or consequential loss, damage, costs or expense of any kind whatsoever and howsoever caused, whether arising under contract, tort, negligence, statute or otherwise, including, (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if advised of their possibility. IMS' total obligations and/or liability, if any hereunder, shall be limited to the amounts paid to it for the advertising campaign insertion order in question.