Website advertising terms and conditions

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T&Cs governing the supply and publication of advertisements on a website.

Author: Alasdair Taylor
Updated: 18 January 20121
Length: 10 pages
Notes: 10 pages
Format: MS Word (.DOCX)

We created these T&Cs for website advertising contracts featuring an online sign-up process.

The publisher agrees to publish advertisements supplied by the advertiser, and to use reasonable or best endeavours to maintain the availability of the advertisements on the website during the relevant period. 100% availability is not however guaranteed.

In consideration for the publisher agreeing to provide advertising services to the advertiser, the advertiser agrees to pay the applicable charges, warrants that the advertising content provided will not create any liabilities for the publisher, and indemnifies the publisher in the event of a breach of that warranty.

The T&Cs are accompanied by a skeleton order form, which can be converted into a web form and used to specify the particulars of each contract.

The T&Cs are primarily concerned with the protection of the interests of the publisher, rather than those of the advertiser. They should be used only for B2B (not B2C) contracts.

Terms and conditions

  1. Definitions
  2. Term
  3. Advertisement Publication Services
  4. Advertisements
  5. No assignment of Intellectual Property Rights
  6. Charges
  7. Payments
  8. Warranties
  9. Indemnity
  10. Limitations and exclusions of liability
  11. Force Majeure Event
  12. Termination
  13. Effects of termination
  14. Notices
  15. General
  16. Interpretation

Order Form

  1. Advertiser details
  2. Specification of Advertisement Publication Services
  3. Financial provisions
  4. Contractual notices
What does the warranties clause - referred to in the clause listing for the advertising T&Cs - do?

Under this clause, each party warrants to the other that it has the legal right to enter into the contract. In addition, the publisher warrants that the will comply with "all applicable legal and regulatory requirements" in relation to the contract, and that it has access to all necessary know-how, expertise and experience to fulfil its obligations. These warranties are all optional.  Warranties in relation to the legality of the advertisements are set out elsewhere in the T&Cs.

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