BANNER IMPRESSIONS : TERMS & CONDITIONS OF SALE
These Terms are the contract of sale:
(i) the party to the applicable purchase of banner impressions, whether principal or agent. (Buyer)
(ii) The Seller, The Architect Africa News Network (South Africa). (AANN)
ABOUT: the rendering of banners (“Banners”) on participating AANN websites .
1. The Architect Africa News Network (AANN) owns and operates a number of websites on which are located specific digital screen page areas that are available to display Banner impressions of variable size for a specified period of time.
2. Banners are HTML, graphic or multimedia digital elements which conform to a specific size measured in pixels (width and height) and in Kilobytes (file size).
3. Banners are limited in size by the screen page area which they occupy;
TOP Banner : 468x60 pixels (Max. file size 80K)
BOTTOM Banner : 728x90 pixels (Max. file size 120K)
FRONTPAGE Posters (2) : 160x240 pixels (Max. File Size 100K)
4. AANN offers to sell banner impressions of the type described (3) to anyone (Buyer) wishing to display a message, notification, advert or image which complies with its specific technical requirements relating to banner size, location on the screen page as well as the legal requirements of its country of origin and international law. A Buyer may tender an offer to purchase banner impressions from AANN by completing the AANN banner Insertion Order form and submitting it to a specified AANN accounts manager.
5. AANN reserves the right to reject banner impression offers which do not comply with the AANN editorial guidelines and/or which are deemed by the AANN editors to be inappropriate to the needs, interests and expectations of its reader base.
6. Banner impressions are sold to the Buyer in units of 1,000 (CPM – Cost per thousand impressions). The Buyer instructs AANN on the period of time over which the banner impressions are to be displayed; this may be one day, one week, one month, one year or a specified period of time established by the Buyer. A banner impression is a single appearance of a Buyer's banner on a AANN web page. Each time an advertisement loads onto a user’s screen, the server counts that loading as one impression. An impression is recorded whether the user clicks on the banner or not.
7. All banner impression sales are offered on a payment in advance basis only. The display of the Buyer's banner impressions will only be initiated once full payment is received and confirmed by AANN. The Buyer agrees that, whilst AANN uses reasonable efforts to prevent click fraud, the Buyer shall have no claim of any nature whatsoever against AANN in the event of any click fraud arising in respect of the Banners. In the event of the Buyer’s AANN campaign lasting longer than one (1) month, the Buyer's banner impressions will be initiated once full payment for the first month is received and confirmed by AANN; payments thereafter must be made in advance at the start of each month.
8. AANN employs a sophisticated banner server to control the number and frequency of banner impressions. This server ensures that banner impressions are displayed evenly over the specified time period. However, the number of daily impressions registered by AANN websites is outside the control of its owners and may be subjected to fluctuations linked to global Internet usage. Accordingly, the possibility exists that the number of banner impressions purchased by the Buyer may not be displayed within the time frame stipulated by the Buyer.
9. In the event of all of the Buyer's purchased banner impressions not being displayed within the stipulated period of time on AANN's websites, AANN undertakes to refund the Buyer the value of the number of banner impressions not displayed less an administrative fee of 5% of this value.
10. AANN undertakes to provide the Buyer with a statistical report pertinent to the time period unit specified at purchase. Monthly reports pertain to banner impressions purchased to be displayed over a period of months. Weekly reports pertain to banner impressions purchased to be displayed over a period less than four weeks. Buyers purchasing banner impressions to be displayed over a period of less than a week will receive a single statistical report.
11. AANN statistical reports contain the following information;
11.1 The number of banner impressions displayed over the specified time period.
11.2 The following information is provided for each click on a banner
11.2.1 Date and Time of click
11.2.2 IP Address of the source of the click
11.2.3 User Agent (ie operating system and browser)
11.2.4 The URL of the page where the banner was displayed when clicked
11.2.5 Click Status: Valid, Duplicate or Bot.
12. Cancellations & No Refunds Policy: Once an offer from a Buyer is accepted by AANN and payment by the Buyer is concluded the sale becomes binding. Whilst the Buyer retains the right to cancel or delay the exposure of the purchased banner impressions, AANN will not refund the value of the purchase to the Buyer under any circumstances.
13. The Buyer grants to AANN a world wide, royalty free license to use the banners and any logo, trade name, trade mark, brand name, logo or domain name associated therewith for the purposes of fulfilling its obligations in respect of the applicable banner impressions sale.
14. The Buyer hereby warrants to AANN that it is, and at all relevant times shall be, the lawful owner or duly licensed user of the copyright in, and all other intellectual property rights relating to, the banners and all the material and content provided by the Buyer to AANN for the purposes of fulfilling its obligations in respect of the applicable banner impressions sale.
15. In no event shall either party be liable for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information and the like, incurred by the other party arising out of these Terms and Conditions of Sale.
16. If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect. All rights and remedies hereunder are cumulative.
17. These Terms and the relevant banner Insertion Order constitute the entire agreement of the parties with respect to the subject matter and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to the subject matter of the banner Insertion Order.
18. No modification of these Terms or any Insertion Order shall be binding unless in writing and signed by both parties.
19. AANN shall treat all information that may reasonably be argued to have commercial value that it receives from the Buyer as a result of this agreement, as private and confidential and safeguard it accordingly. AANN furthermore agrees not to use or disclose or divulge or copy or reproduce or publish or circulate or reverse engineer and/or decompile or otherwise transfer, whether directly or indirectly, any confidential information to any other person and shall take all such steps as may be reasonably required to prevent confidential information falling into the hands of unauthorised persons.
20. Although AANN affords Buyers the ability to utilize third party delivery platforms and technologies, AANN reserves the right to decline such platforms and/or technologies it deems (at its sole discretion) to have a negative impact on AANN’s trading, delivery and/or functionality.
21. Each party chooses as its domicilium the address set out in the relevant banner Insertion Order.
22. The laws of the Republic of South Africa shall apply to any banner Insertion Order and to these Terms and Conditions.
23. Any claims, legal proceeding or litigation arising in connection with any banner Insertion Order or these Terms & Conditions shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.