By placing your order you are agreeing to advertise your services / products on the new visual media Guaranteed Response advertising platform for a period of 12-weeks.
The campaign starting date is specified on the order from the client. Due to variances in amounts of advertising and routes available at different times, the starting date may fluctuate, and we are in no way to be held responsible if your campaign does not start by a specific date.
You understand and agree that due to the quality of the people visiting this advertisement page that new visual media guarantee that each of your adverts on this page will attract a minimum agreed number of responses depending upon the package you order or you are entitled to a 100% refund of my entire spend with new visual media on this specific advert.
If you pay be cheque (or online payment) the campaign starting date shall be the date specified in your order OR the date on which your payment clears in to the NVM account, whichever occurs last.
You understand that new visual media use all of the methods at their disposal to attract volumes of people looking for your type of product / service to this specific advertising page and that your advertisement will be one of only six on that specific advertising page. new visual media offer a 100% money back guarantee if they do not attract the agreed number of responses to your service over the period of the campaign, dependent on the package you order, this is the only guarantee for this service.
In no event shall new visual media or any of its partner companies be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if new visual media has been advised of the possibility of such damages. If we are unable to attract the number of responses agreed, dependent on the package you ordered within 12 weeks of the campaign starting date, you may claim a refund.
In the unlikely event that the guaranteed response advertising from NVM does not deliver the number of responses agreed dependent on the package you order, we will provide a refund of your entire purchase price for that specific advert on a pro-rata basis for any campaign not purchased at the full price per advertisement. For all standard orders placed at list price, we will refund the entire amount of your spend on each specific advert on an advert by advert basis.
In cases where refunds are claimed, we reserve the right to require proof that the proper number of responses were not delivered. Stats, data and other information from third party counters (e.g. Extreme-DM.com, hitbox) are not sufficient to establish a claim. These counting systems tend to yield an improper count. If we dispute your claim, you must provide us with RAW server logs from the site and time period in question - this is the only reliable method of counting responses from our advertising pages and therefore all we will accept.
We are unable to guarantee responses that are redirected to a target URL through a cgi or other script provided by the customer, as we are unable to verify the integrity of the script unless the response is through one of our provided adds pages.
Once ordered, campaigns cannot be cancelled. A refund will not be given before the end of the campaign, or if the campaign is paused by the customer. For the purposes of clarity you understand and accept that a response is an individual who has come from your advert on and from new visual medias advertising to the page provided by you.
New Visual Media will not attract responses to sites with popup windows, hidden scripts or viruses. Any additional window generated by your site shall be considered a popup window, including popunder windows and javascript alert windows. If a popup window, hidden script or virus is found on the URL at any time, we reserve the right to stop the campaign and you will not be entitled to a refund.
We will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience. Inappropriate content includes, but is not limited to, adult content, hate text, illegal content (in the US & UK) and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at the sole discretion of new visual media.
We will review your site before beginning the campaign. If your site is changed during the campaign such that it includes in appropriate content, we reserve the right to stop your campaign immediately.
In this case, you will not be entitled to a refund. You understand the we do not guarantee any minimum level of leads, signups or sales resulting from the campaign you agree that this is dependent on the particular product or service advertised and the specific offer being made and is out of our control. The campaign shall be run across a number of digital routes and response development methods and your advert may appear in e-zine magazines and other billboard advertising services targeted to your specific requirements, due to the volumes of people attracted through our targeted marketing this campaign will be provided across a number of high volume based servers to balance the load of delivery, these servers are based in strategic locations around the world and any information relating to these server locations and names are to be classed as confidential information.
New Visual Media cannot be held responsible for factors beyond our control that may interfere with our ability to deliver your campaign to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site and network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program you are ordering. TERMINOLOGY: (1) In the present context, a response generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of responses. The term “number of responses” is interchangeable with the term “number of visits.” Several “visits” may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a web page. (2) “Fully paid advert” is any advert bought from the company at the full list price of the company without discount and is based on the purchase prices as displayed on our company web site. (3) “Pro-rata” refunds are calculated by dividing the number of responses we delivered by the number of responses you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the “pro-rata” refund. (4) “Fully paid advert” is any advert bought from the company at the full list price of the company.
The client is responsible for ensuring that any offering made by the client is true and lawful and agree to hold the company fully indemnified against any false statements made by the client in its advertising without exception. Subject to these terms and conditions the campaign shall continue for a period of 12-weeks from the date the campaign starts these terms will remain in place for any further campaigns.
Except as expressly provided in these Terms new visual media shall not be liable to the client or to any other person for any injury damage loss cost or expense relating to the subject matter of this campaign howsoever arising and in no event shall we be liable for any consequential damages or indirect loss suffered by the client, its customers or any other party. The client shall be exclusively responsible for and shall indemnify and hold the company fully indemnified in respect of any liability claim demand or costs suffered or incurred by the client in connection with any act and omission of the client in the course of or relating to the sale or maintenance or repair of Products by the companies provider.
New Visual Media shall not be liable to the client for any failure to perform any obligation under these terms, which is due to an event beyond the control of such party including, but not limited to, act of God, war, insurrection, riot, civil unrest, act of civil or military authority. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms.
You hereby acknowledge and accept that you are providing the wording of your advert to new visual media and the page to which this advert links and absolve new visual media from any form of copyright infringement that may arise from the information you provide to them. You also accept and agree that it is your responsibility to ensure that your website is fit for purpose and that you shall keep an accurate account from your page by the use of a reputable web stats package. Or raw server logs