Terms & Conditions
Marine & Maritime is owned by First Peninsula Marine Limited
First Peninsula Marine Limited and the Advertiser
The advertiser is to pay to First Peninsula Marine Limited upon execution of this Advertising Contract. First payment must be made prior to any advert going ‘live’ on the site payments must be made prior to booking an available ‘slot’.
ALL PAYMENT TERMS ARE STRICTLY TO BE PAID ON RECEIPT OF INVOICE.
Banner Advert is the graphic file, which can be selected by a user as a Link and is stored on the Marine & Maritime server, with a defined start Date.
Banner advertisements operate on a rotational basis, occupying an Advertising Zone with a maximum of 2 other companies (i.e. There will only ever be 2 different banner advertisements rotating across a zone at any particular time).
Start Date means the first day the Marine & Maritime server will display the Advertisement.
Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with First Peninsula Marine Limited advertising standards; and that it holds the necessary rights to permit the use of the Advertisement and Link by First Peninsula Marine Limited for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any ant-discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify First Peninsula Marine Limited and to hold First Peninsula Marine Limited harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by First Peninsula Marine Limited, arising out of or related to advertiser’s breach of any of the foregoing representations and warranties.
30 Days’ notice of removal of any banner is required. In not providing such notice, you are agreeing, by default, to reimburse First Peninsula Marine Limited in respect invoices raised relating to one or more further month’s advertising fees.
Both parties may only assign this agreement, in whole or in part, with the other parties written consent. Any attempt to assign this Agreement without such consent will be null and void.
This Agreement will be governed by and construed in accordance with the laws of England and Wales.
This Agreement and any and all addenda, exhibits and attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by First Peninsula Marine Limited, whether printed on paper or electronically. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
All material, supplied by the client and used in the clients advert, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. The client shall indemnify First Peninsula Marine Ltd against all and any claims arising from the use of materials of any sort provided by the client or obtained under the direction of the client from third parties such as graphic designers.
Please email all advertising graphics to firstname.lastname@example.org. Please see the Advertising Specifications for advertising graphics. If you have any questions, please contact our office on 01548 854455 or via email on email@example.com.
Nothing in this Agreement is expressly or impliedly intended to confer on any third party rights to enforce any of its provisions pursuant to the Contracts (Rights of Third Parties) Act 1999.
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party. Any variation to this Agreement must be in writing and agreed and signed by a duly authorised representative of both parties.