At Ourbigearth.com advertisers are hand picked to reflect our core values including parenting, creativity, great food, healthy living, travel, literacy and learning. They are often partners on our national projects produced through Mherge Media Group and work with us in all kinds of superhero sorts of ways.
General advertising information for Our Big Earth is available by e-mailing us at [email protected]
Our Advertising Policy is as follows:
1.1. Advertisers will be invoiced on the first day of the contract period set forth on the insertion order. Payment is due upon invoice receipt and must be paid in full to the online publisher within fourteen (14) days as specified in the insertion order unless alternative, written payment terms are in place. If payment is not received within fourteen (14) days the clients ad shall be taken down from the website and will only be posted again once payment is received. Advance bookings require a %10 deposit to hold the space.
1.2. All payments to Ourbigearth.com hereunder shall be made by cheque, money order or online credit card payment in Canadian dollars with HST charged when applicable. Amounts paid after the due date shall bear interest at the rate of 2% per month from the date when payment should have been paid until the date of actual payment. In the event of any failure by the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by Ourbigearth.com in collecting such amounts. In the event of late payment Ourbigearth.com reserves the right to suspend the advertisers information posted on the website.
1.3. Receipt of a completed Contract will be considered as acceptance of the order and the terms & conditions of the contract.
1.4. Receipt of email confirmation of an order will be considered as acceptance of terms & conditions of the contract.
2) Advertisers Representations:
The advertiser warrants and represents to Ourbigearth.com that:
2.1. The advertiser has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
2.2. The advertiser has complied with the codes of practice of Canada in respect of electronic and on-line advertising and all other relevant industry codes of practice;
2.3. The advertiser is fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advertisement displayed by Ourbigearth.com.
2.4. Ourbigearth.com reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.
2.5. The practice of deep linking may be necessary, thus enabling visitors to by-pass an advertiser’s home page to visit specific areas of your website directly.
3.1. Either party may terminate this Insertion Order in the event of a material breach of this Insertion Order by the other party, which remains uncured after ten (10) days written notice thereof. In addition, Ourbigearth.com may terminate this Insertion Order upon a material breach by Advertiser of any other agreement between the parties which is not cured within cure period set forth in such agreement. If Ourbigearth.com terminates this Insertion Order due to Advertiser’s material breach of any requirement of this Insertion Order or of any other written agreement with Ourbigearth.com, all of Advertiser’s payment obligations hereunder shall survive such termination. If Advertiser terminates this Insertion Order due to Ourbigearth.com’s material breach of this Insertion Order, Advertiser will be responsible only for the Pro-rata Payments.
3.2. Ourbigearth.com may terminate this Insertion Order at any time for any reason upon thirty (30) days written notice to Advertiser (or upon such shorter notice as may be designated by Ourbigearth.com in the event that Ourbigearth.com believes in good faith that further display of the advertisements will expose Ourbigearth.com to liability or other adverse consequences). In such event, Advertiser will be responsible only for only the Pro-Rata Payments.
4) Limitation of Liability:
4.1. Ourbigearth.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:
4.1.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the Publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).
4.1.2. Nothing in these terms and conditions shall exclude or limit Ourbigearth.com’s liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
4.2. Subject to the above, the liability of Ourbigearth.com in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 4.1. above or in the event that Ourbigearth.com fails to electronically publish an advertisement, the advertiser’s sole remedy and the Publisher’s entire liability to the advertiser shall be limited at the Publisher’s option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
4.3. The advertiser acknowledges that any website on which an advertisement is displayed is provided on an “as is” and “as available” basis without any representation or endorsement Ourbigearth.com makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
4.4. Ourbigearth.com shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to Ourbigearth.com for advertising which the advertiser or its agent ordered and which advertising was published and displayed.
4.5. No conditions other than those set forth in the rate card shall be binding on Ourbigearth.com unless specifically agreed to in writing by Ourbigearth.com.
4.6. Ourbigearth.con is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of Ourbigearth.com.
4.7. No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.
5.1. These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.
5.2. The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
5.3. Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind
between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and
neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
5.4. These terms and conditions shall be governed by and construed in accordance with Canadian law and the parties hereby submit to the non-exclusive jurisdiction of the Canadian courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
6) Contractual Information:
6.1. Signed Insertion orders must be delivered in accordance to the advertising deadline calendar
6.2. All advertising copy and material must be delivered at least five business days prior to the start of an insertion term
6.3. All advertising requires a signed contract
These terms and conditions apply in ALL circumstances.
2008 ~ 2013~ Mherge Media Group, 66 Newcastle St., Dartmouth, N.S. B2Y 3M5