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TERMS AND CONDITIONS
1. Definitions
a. "Company" shall mean VRwestend and shall include its Holding company Mindvision Erurope Ltd and assigns.
b. "Advertiser" shall mean the person, firm or company placing the Order and shall include its successors and assigns.
c. "Order" shall mean the order placed by an Advertiser with the Company for the Displaying of an Advertisement and any additional services it is requesting.
d. "Advertisement" shall mean the image advert or any materials provided by the Advertiser to the Company to be Displayed.
e. "Acknowledgement of Order" shall mean the acknowledgement in writing from the Company that it has accepted an Order from an Advertiser.
f. "Charges" shall mean those amounts charged by the Company to Display the Advertisement and to provide any additional services requested by the Advertiser.
g. "Display", "Displayed" and "Displaying" shall mean the exhibition of the Advertisement on a Bus Shelter panel, Billboard, Phonebox or instore product or promotion or
on any part of its structure or other in-game vehicle or feature.
h. "Commencement Date" shall mean the date for the commencement of the Displaying of the Advertisement.
2. Agencies and Commission
a. An Advertiser shall be liable for payment of all Charges for Orders placed by it and shall be deemed to have full authority in all matters connected with the placing of
Orders or their amendments.
b. An agency commission, at the Company's current rate, is available to all accredited, recognised advertising agencies and shall be calculated on the net value of the
Charges for an Order less any costs or discounts allowed.
3.Variation:No variation of these terms shall be effective unless made by a written agreement signed by the Company and the Advertiser.
4. Acceptance: No Order placed by an Advertiser shall be deemed to have been accepted until the Company has received a signed Acknowledgement of Order and returned
it signed by the Advertiser or agency on their behalf.
5. Delivery All Advertisements for Displaying and any additional materials shall be delivered by the Advertiser either by post, courier or by .ftp upload given by the Company at its
address or to such other address or email addresses as the Company shall specify, not less than seven (7) or (28 days for 3D models) prior to the Commencement Date.
6. Display: The Company shall, subject as provided below and so far as is reasonably possible, Display each Advertisement throughout the period specified in the Order commencing
on or as close to the Commencement Date specified in the Order as is reasonably possible. Charges shall accrue from the date of commencement of the Display or the specified
Commencement Date whichever is later. The Company shall use its reasonable endeavours to minimise obstructions to the Display, but the Company shall not be responsible
should the Advertisement be partially or wholly obstructed during all or any of the period of Display, it being acknowledged that if game is accessed live On-Line and other Players(Avatars)
stand in front of, park vehicle next to or otherwise partly obstruct or other in-game vehicles pass or waiting at traffic light change, are beyond its control, and the Advertiser shall not be
entitled to any rebate or discount in connection with such obstruction.
7. Late or Non-Delivery In the event of late delivery or non-delivery of the Advertiser's Advertisement and materials, the Charges for the Order shall still be due and payable within 30 days of the
Commencement Date. In the event the Advertiser has failed to deliver its Advertisement and materials or has delivered them late the Company shall have the absolute right to Display any
alternative advertisements during the period the Advertiser's Advertisements were scheduled to be Displayed.
8. Right of Rejection & Removal The Company shall have the absolute right at any time to refuse to Display or continue to Display any Advertisement, which it determines in its sole discretion is
objectionable, unsuitable, impractical, illegal, libellous, likely to give offence. If an Order in whole or in part, has been cancelled as a consequence of the foregoing, the Company shall have no
responsibility or liability to the Advertiser in respect of the same and, to the extent that the Order has not been cancelled, it shall continue in full force and effect.
9. Payment Unless otherwise stipulated by the Company, all Charges shall be paid within 30 days of Commencement Date of the Display. The Company shall have the right to cancel any Order
when payment is overdue.
10. Deposit The Company may require a deposit equivalent to 25% of the value of the Charges for an Order. For any Order which has a Display period of four (4) weeks or more, the Company
may require full payment of the Charges in advance of the Display or Commencement Date, whichever is sooner.
11. Interest
a. Interest on all Charges due and owing after 30 days from the Commencement Date shall accrue at the rate of 2% above the HSBC base rate per calendar month until payment is received.
b. Payment shall be made in UK Sterling(unless otherwise specified) at the office of the Company without any deduction or set off.
12. Dates of Displaying The Company shall use all reasonable endeavours to Display the Advertisements on the dates specified in the Order but in the event it is not possible to do so despite the
best good faith efforts of the Company it shall not be liable to the Advertiser for any liabilities, claims, costs or damages of any kind.
13. Artwork: All images provided by the Advertiser to the Company shall be in the correct format and dimension of tiff, EPS, .jpg, .bmp, .png file types and scanned in hi-resolution(600dpi).
14. Statutory Requirements The Company accepts full responsibility for compliance with the law so far as it effects the use of any site for the Displaying of Advertisements to which an Order relates.
However, the Advertiser shall indemnify the Company against all liabilities, claims costs and damages of any kind which arise from the subject matter or contents of the Advertisement.
15. Cancellation Without prejudice to Condition 8 hereof, the Company may cancel an Order by giving notice in writing to the Advertiser not less than two (2) weeks prior to the specified
Commencement Date. The Advertiser may cancel an Order by giving notice in writing to the Company not less than ten (10) weeks prior to the Commencement Date. In lieu of written notice,
an Advertiser may pay to the Company the full amount of the Charges for any Order it wishes to cancel. In the event of a cancellation of an Order by an Advertiser, it shall forfeit all deposits or
advances paid in respect of the said Order to the Company. The Advertiser shall pay to the Company an amount equal to 5% of the value of the Charges for the cancelled Order as liquidated
damages within 30 days of the date of the invoice from the Company for the Order, unless and to the extent that deposits or advances have already been forfeited in relation to that Order.
16. Change of Advertisements All Charges include a change of Advertisement once every 2 weeks on the Company's regular posting day for advertisements, if required.
The Company will impose additional Charges for any Advertisements which require changes at more frequent intervals than once every 2 weeks. When an Advertiser is entitled to change an
Advertisement without the payment of an additional Charge, it shall stipulate a Friday upon which such a change should commence. In such circumstances, the Company will complete the
required change provided that the new Advertisement is received at least two (2) days in advance of the stipulated date, failing which the Company shall complete such change on the following
Friday. Where an Advertiser requires a change of Advertisement in respect of which a separate charge will be imposed, the Company shall complete such change on the stipulated date.
Such stipulated date will be not less than two (2) working days after the receipt of the new Advertisement. Unless otherwise agreed by the Advertiser, the Company shall not commence such
change before the stipulated date.
A reminder notice will be sent 7 days prior by the Company to the Advertiser upon leading to the completion of the campaign.
17. Limit on Liability
a. The Company's liability for non-Display, incorrect Display due to website faults or server errors shall not exceed the Charge for the Display of that Advertisement for the period of such non-Display,
incorrect Display or Display of the damaged Advertisement. The Advertiser shall notify the Company as soon as it becomes aware of any non-Display, incorrect Display or Display of any Advertisement
and if the Advertiser fails to do so the Company shall not be liable to the Advertiser. (whether downloaded and played on standalone computer or device or accessed live On-Line)
b. The Company shall grant Additional Time of 24hrs for every hour of non-Display to Advertiser in the event that no advert or visual fault on screen caused by server stream error(not including obstructions),
unless Godly acts caused by increment weather conditions such as typhoons, floods or excessive rain or other factors beyond the Company's control result in internet loss or server fault.
c. Additional Time may only be given to Advertisers at an alternative position(location) and of equal size if current advertising position is already allocated to another Advertiser during that specific time.
18. Change of Terms: The Company reserves the right at any time but with not less than ten (10) weeks' notice in writing served on the Advertiser to alter the Charges hereunder and any of these Terms and
Conditions. Any such alterations shall take effect on the date specified by the Company or ten (10) weeks after service of written notice on the Advertiser whichever is later.
The Advertiser shall be entitled to cancel or terminate without any payment for any Order by giving notice in writing to the Company within 10 days of the service of alteration of the Charges on the Advertiser.
19. Assignment
The Advertiser shall not assign any benefit under this Order without the
consent in writing of the Company.
20. Governing Law and Standards
Advertisements will not be accepted for, or retained for Display if, in the sole opinion of the Company, they:
Are calculated to demoralise, extenuate crime, break the law, or incite persons to do so;
Are indecent or obscene(unless within confinements of 18+ Store or Location that Company see's as acceptable material for General Public)
Are likely to offend the general public due to the nature of the product or service being advertised or because of the wording of the product or of the Advertisement.
Advertise films which have not been granted permission for public exhibition or which do not show the certificate from the Television and Entertainment Licensing Authority. The attention of Advertisers particularly
for "Teaser" campaigns, is drawn to Note (ii) below;
Might offend or wound racial susceptibilities or seek to incite racial controversy;
Refer to religious or sacred subjects in a manner that might give offence or seek to use advertisements as a medium for religious controversy;
Are of a political or religious nature;
Might foment social unrest;
Contain animation, illustrations or copy which are distorted or exaggerated in such a way as to convey false impressions; are calculated to deceive the public, contain statements of an extravagant nature,
denigrate other products or services, or are in any way either directly or through implication defamatory;
Do not comply with the laws of Great Britain.Conflict with the Code of Advertising Practice.
Contain animation or illustrations that depict, or might reasonably be assumed to depict, quotations from or references to a living person unless the written consent of that person is obtained and produced to the Company.
The Company will require an indemnity against any action by that person or on that person's behalf before such animation, illustrations, quotations or references will be accepted.
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Specification/Terms & Conditions
