Marketplace and advertising

Advertising Products and Services through www.wecanaccess.com

Statement

Welcome to We Can Access. We are pleased that you have decided to use our marketplace. Please read our terms and conditions below. By posting products on the marketplace you are agreeing to abide by the terms and conditions specified below.

All products posted on the marketplace are subject to a 7% commission unless otherwise agreed with the We Can Access team.

Please read our seller guidelines on how to post products on to the marketplace, available from admin@wecanaccess.com.

We Can Access is a website about accessibility and the products on the marketplace must reflect this.

Terms and Conditions

  1. The below are Standard Terms and Conditions applicable to all individuals/businesses that wish to promote their goods or services via wecanaccess.com marketplace or other pages on the site. The Standard Terms and Conditions may have additional contract and rate card in place depending on the type of a service or goods being promoted. This is a first version of the Standard Terms and Conditions, dated 14th of August 2019 which will be reviewed on an annual basis, unless there is a significant change in law which will trigger the review earlier than 14th of August 2020.

(A) All orders and bookings made to the Publisher – meaning ‘We Can Access’ – for Advertisements, Campaigns and/or Insertions are subject to and governed by these terms and conditions.

In these conditions:

(B) Advertisement includes the materials which advertise, promote, market, sponsor and/or endorse a product or a service or a brand or an image which: in the case of advertisements on or delivered through the internet, website and mobile devices and any other delivery mechanism, whether now known or invented in the future, includes text, graphics, layout, logos, audio or visual material, avatars, static and dynamic images, animations, straplines, banner advertisement, hypertext, links, microsites, click through advertising, embedded and/or overlayed codes and algorithms, emails and/or messaging.

(C) Advertiser means the entity advertising the product or service that is the subject of the Advertisement. The advertiser must be above the age of 18.

(D) Advertising Copy means the textual content of an Advertisement.

(E) Buyer means the person placing the order with We Can Access for the Campaign, whether such person is the Advertiser or the Advertiser’s advertising agency or media buyer.

(F) Buyer Materials means all information, materials and content in any format provided by or on behalf of the Buyer for use in connection with the Campaign.

(G) Campaign means the organised programme of advertising and promotional activity as set out in the Campaign Schedule or, if there is no Campaign Schedule, as otherwise agreed by the parties. The programme may consist of only one or more items, whether an Advertisement or a promotional activity or other activity or item.

(H) Campaign Schedule means the campaign schedule to this Agreement (if any) or otherwise such schedule of campaign activity agreed by the parties. For clarity, campaign activity may comprise of one or more items, whether an Advertisement or a promotional activity or other activity or item.

(L) Content means all content, materials, concepts and ideas prepared, created and/or developed for any advertisement, product and/or campaign.

(J) Impression means each individual instance in which an advertisement is successfully served to a third-party user’s web browser (or similar software) via the We Can Access website.

(K) Insertion Order means any order under which the parties confirm and the Publisher accepts for the placement of Advertisements, Inserts and/or the delivery of the Campaign.

  1. Charge, Frequency Discounts and Rate Card Charge(s)means the Publisher’s advertising charge(s) for the Advertisement, Campaign, or Insertion as notified to the Buyer and agreed, or if there is no such notification and agreement, the Publisher’s standard charges as set out in its Rate Card.

Frequency discounts are based on the number of insertions on a single contract. New contracts replacing existing contracts will be accepted at any time to take advantage of additional frequency discounts. ‘Short rates’ (difference between frequency rates) will apply to any contract which falls short of the original campaign booking.

Rate Card means the Publisher’s rate card in effect from time to time and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and other terms and/or conditions set out at the introduction of the Standard Terms and Conditions.

  1. Rate Protection

Rates for advertisers under contract are protected for the duration of the contract period. We Can Access reserves the right to change these rates and terms usually on an annual basis, though this may happen earlier than scheduled due to a variety of factors not set out in this agreement. Any insertion order received prior to the date of notice of the new rates shall continue to apply for adverts/posts published within 30 days of the date the charge is announced.

  1. Payment Terms

Payments are made using Paypal. Payment will be debited in advance of the advert going live online. The payment must reach the We Can Access account no later than 7 days prior to the first online post/advert. Alternatively, We Can Access provide a 30-day invoice payment arrangement for an annual contract paid on a monthly basis.

Invoice date is the mailing date of the advert/post in which the advertisement appears. Invoices not paid in full within the 30 days from the invoice date will incur an interest charge of 4% of the outstanding balance, per day. We Can Access (the publisher) may reserve the right to suspend publication of the advertisements in the event of late payment.

All sums are payable in British Pounds Sterling (£).

The advertiser must pay charges to the publisher as agreed.

Purchases made by consumers on the marketplace will be paid for via WeCanAccess, who will then forward on the payment to the Buyers/ Advertisers within 7 working days, less the 7% commission charged for using the marketplace.

  1. Cancellations

No cancellations will be accepted after space closing date. We Can Access reserves the right to repeat the previous advertisement if material is not provided by material due date.

  1. Termination

This agreement can be terminated at any time if there is a breach or otherwise and requires 7 working day written notice from all parties involved.

  1. Advertiser Responsibility

Advertisers and agencies assume liability for all content of online advertisements and assume responsibility for any claims arising from them against We Can Access. We Can Access reserves the right to reject any advertising not considered suitable for publication. If the advertiser wishes to advertise a product, especially innovative product, it must have a health and safety appropriate certificate for the UK and the USA. If the advertiser wishes to advertise a service, if the service requires a licence ie to practice or health and safety licence it must have the licence in place. In both instances, the appropriate paperwork must be supplied to We Can Access 14 days prior signing the contract. We Can Access may refuse any further adverts if upon checking the paperwork We Can Access is not satisfied with the paperwork regarding a service or goods being promoted. We Can Access reserves its rights from any claims arising based on further rejection of an advertisement.

The advertiser undertakes to supply advertisements meeting the defined specification that will not cause legal difficulties for the publisher, and grants to the publisher a right and licence to store, reproduce and publish those advertisements. Nothing in the agreement constitutes an assignment or transfer of intellectual property.

No financial products or financial services can be advertised through We Can Access website/blog.

  1. Publisher Responsibility

The publisher (We Can Access) undertakes to use reasonable endeavours (or best endeavours) to maintain the availability of the advertisements during the term of the agreement but does not guarantee 100% availability. Adverts may be unavailable due to scheduled maintenance or events beyond the control of the publisher.

  1. Publisher’s Rights Reserved

The Publisher may change the format of any of its publications, its advertisement rates and technical and other specifications for each of its different publications and form of media at any time and may vary or apply differing rates and specifications accordingly.

The Publisher gives no warranty or guarantee in relation to:

  • date of insertion of the Advertisement;
  • quality of the colour or mono reproduction of any Advertisement;
  • the availability or the absence of technical or other disturbances on the internet;
  • the attendance or response rate or take up for any event, or direct mailing or email campaign or coupons or other form of Advertisement nor the number of clicks or page impressions or unique views for any online activity (unless otherwise specified in writing in the Campaign Schedule);

All orders and bookings are subject to change or cancellation due to production, promotions and editorial schedules. The Publisher reserves the right to decline any order or booking or decline to publish any Advertisement or decline to undertake any Campaign activity.

  1. Publisher’s Obligations
  2. Notwithstanding any other provision to the contrary, the Publisher shall have and shall retain complete editorial control in relation to all editorial content forming part of the Campaign. This is a paramount right.
  3. Where the Publisher is creating the Advertising Copy, the Publisher shall supply any Advertising Copy to the Advertiser for the Advertiser’s comment and feedback (such feedback to be given to the Publisher within the deadlines notified to the Advertiser in writing by the Publisher in each case).
  4. Notwithstanding any other provisions of this Agreement, the Publisher:

has final editorial approval over all mast heads, straplines, page design, position and location, display dimensions, framing, display environment, graphics used, colours, manner of display, fonts style and size, visibility, text alternatives and tags and other computer language coding; and

  1. may refuse or require to be amended or decline to publish any Content if it is not in compliance with the other requirements or the Rate Card.
  1. Intellectual Property Rightsmeans any and all intellectual property rights of whatever nature and in whatever form including inventions, patents, trademarks, registered designs, pending applications for any of the foregoing, trade and business names, brand names, unregistered trademarks, unregistered designs and rights in designs, copyrights, database rights, moral rights, performers rights, know-how, trade secrets and all other similar or equivalent industrial, intellectual or commercial rights or property subsisting under the laws of each and every jurisdiction throughout the world whether registered or not, and whether vested, contingent or future, and all reversions, renewals and extensions of any of the foregoing, and all rights under licences, consents, orders, statutes or otherwise in relation to any of the foregoing and all rights to apply for registration of such of the foregoing as are registrable.
  1. Publisher’s Intellectual Propertymeans the content referred to in this clause and the Publisher’s registered and unregistered trademark.

If the Publisher has agreed to provide the creative work for the Advertisement or Campaign, all Intellectual Property Rights in and to all Content owned by or created by the Publisher pursuant to this Agreement (but not the Buyer Materials) are reserved to the Publisher and shall remain under the exclusive ownership of the Publisher, or its licensors (as the case may be).

The Buyer shall not use and shall not permit any other person to use any of the Publisher’s Intellectual Property without the prior written consent of the Publisher. Such consent may be given or withheld, and if given, may be given upon such terms and conditions (including as to payment) determined in the Publisher’s absolute discretion.

  1. Mistakes and errors

The Buyer/Advertiser must check the correctness of each and every Advertisement and/or the details of the Campaign. In the case of multiple or repeat Advertisements, the Publisher assumes no responsibility for the repetition of an error unless the Buyer/Advertiser has notified the Publisher immediately the error occurs and before the Publisher’s deadline for the next Insertion or publication or display or delivery of a Campaign item.

  1. Disputes

Any other matter of complaint, claim or query must be raised with the Publisher / We Can Access in writing within seven days following:

(A) In the case of any Advertisement or Insert, the date of insertion or publication or display of the Advertisement or the date on which it is claimed the Advertisement should have appeared or the Insert run should have occurred;

(B) In the case of any other item of the Campaign, the date of the delivery of the particular item within the Campaign or the date on which the Buyer claims the item of the Campaign should have been delivered;

(C) In the case of a disputed invoice, the date of the receipt by the Buyer/ Advertiser of the disputed invoice.

The Publisher’s maximum liability for any complaint, claim or query referred to in clause 14.A is limited to giving a credit for its charge for the advertisement or (in an appropriate instance) of publishing the Advertisement or redelivering the Campaign item for a second time without charge. Any complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Charges for that item and all other Campaign items. Once any dispute in respect of any item of the Campaign has been resolved, payment for that item will, if the original due date has then already passed, be due within three working days.

  1. Data Management and Data Protection

For the purpose of this Agreement:

(A) Cookies mean cookies and all similar technologies for storing information, including flash cookies, web beacons or bugs (including transparent or clear gifs). The Cookie Policy can be found on www.wecanaccess.com

(B) Data Protection Laws means the Data Protection Act 1998 and the Data Protection Principles set out in that Act, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any associated regulations or subordinate legislation and any other applicable data protection and privacy legislation, regulations and guidelines applicable in any place territory where the Advertisement is targeted;

(C) PECR means The Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, as applicable.

(D) The parties agree that they will at all times comply with the provisions and obligations imposed by Data Protection Laws, in England and Wales. All personal data acquired by either party from the other will be returned to the disclosing party on request.

(E) Whilst the Publisher will use reasonable endeavours to forward to the Buyer any responses that it receives to Advertisements from individuals wishing to contact the Advertiser regarding the Advertisement (subject to receiving the requisite consents from those individuals), the Publisher accepts no liability in respect of any loss or damage that arises (or is alleged to have arisen) as a result of any delay or omission in forwarding such responses.

(F) Each party agrees to respond promptly to the other in dealing adequately with all enquires received relating to data protection.

(G) Each party agrees to inform promptly (no later than 12 hours) to the other in an event of any cyber breaches that could have an effect on the other side.

Any queries and concerns in regards to the data protection must be addressed to David Bara at david@wecanaccess.com

  1. Bribery Act 2010

Each party shall discharge all of its obligations under this Agreement and shall otherwise conduct all of its activities relating to this Agreement in accordance with the Bribery Act 2010, as amended from time to time and any subordinate legislation, rules, guidance and notes issued thereunder (“Bribery Act”). The Buyer must ensure that the Advertiser observes and complies with the provisions of this clause and the Bribery Act.

  • Without prejudice to the generality of clause 15, no party shall (whether by act or omission) commit any breach of the Bribery Act in connection with its activities relating to this Agreement nor request that the other party(ies) (whether by act or omission) commits any breach of the Bribery Act (including, the payment of facilitation payments in order to secure customs clearance for deliveries).
  • Each party shall have and shall maintain in place throughout the Term adequate procedures under the Bribery Act, to ensure compliance with the Bribery Act, and will enforce them where appropriate.
  • Any breach by a party of this clause 15 shall constitute a material breach by that party of this Agreement which is not capable of remedy and in such circumstances, the other party shall be entitled at its discretion to immediately terminate this Agreement (together with any or all other agreements from time to time in force between the parties) by service of written notice on the party in breach.
  1. Buyer Warranties

The Buyer warrants that all Buyer Materials and the production, reproduction, publication and/or display of the Advertisement in any medium:

(A) are factually correct, clear and conspicuous, and all claims can be substantiated and is not fraudulent, misleading or deceptive;

(B) do not include or entail misleading actions, misleading omissions, aggressive commercial practices or actions that contravene the requirements of professional diligence or in any other way contravene the requirements of The Consumer Protection from Unfair Trading Regulations 2008;

  1. Buyer’s Insurance

The Buyer shall ensure that at all times it has sufficient insurance to cover all its liability under this Agreement and in law, including public liability insurance where a public event forms part of the Campaign. Upon We Can Access’s request, the Buyer shall produce copies of the insurance policy to the Publisher confirming the insurance.

  1. Publisher’s Insurance

Details: Available on request from david@wecanaccess.com

  1. Indemnities and liabilities

Neither party shall be liable, whether in tort, contract or otherwise, for any loss of profit, opportunity, goodwill, anticipated saving, revenue and/or any other loss which is indirect, consequential or economic which was not reasonably foreseeable.

The Publisher shall not be liable to the Buyer or the Advertiser, whether in tort, contract or otherwise, for any loss of profit, loss of opportunity, loss of goodwill or business loss incurred due to the non-insertion or shortfall in insertion of the Advertisement or running of or failure to run the Campaign.

  1. Electronic Communications

The parties may communicate with the other by electronic means using the following protocol:

(A) The user identification of a sender contained in an electronic communication must be sufficient to verify the identity of the sender and the authenticity of the communication;

(B) An electronic communication sent containing the user’s identification and establishing the user as its originator and has the same effect as a document containing the user’s written signature; and

(C) An electronic communication, or any computer printout of it, is proof of the authenticity of the original document of the electronic communication.

This Agreement shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

Document drafted 10/09/19

To be reviewed by 9/09/20