Advertising Terms
These terms and conditions are entered into between AI Job Web LLC ("Aijobweb") and the corresponding Advertiser on the Insertion Order. These terms and conditions shall be deemed incorporated by reference into any corresponding advertising order submitted by Advertiser. The Terms and Conditions and The Insertion Order are collectively referred to as the "Agreement".
These Advertising Terms and Conditions were published on 1 May 2022
1. These Terms and Conditions are valid from the start date set forth in the Insertion Order and remain in effect until terminated.
2. Once an Advertiser submits an Insertion Order, it may not terminate or cancel the Insertion Order for any reason. And it's submittion of the Insertion Order will be deemed to be it's acceptance of this non-cancellation term. Aijobweb reserves the right to terminate any advertising order (and this Agreement) at any time for any reason. In the event of any termination, Advertiser shall remain responsible for any amounts payable under Insertion Orders for advertisements served by Aijobweb, and such payment obligations shall survive termination of this Agreement.
3. All ads are subject to Aijobweb approval. Aijobweb reserves the right to refuse any advertisement, advertising order or URL link at any time for any reason, including but not limited to Aijobweb's belief that any placement thereof may subject Aijobweb to criminal or civil liability. Aijobweb does not cancel the placement of ads, Insertion Orders, or URL links due to inventory needs of other Advertiser. Advertiser remain solely responsible for the selection, content and display of any ads, URL links and Insertion Order.
4. Unless otherwise agreed, Advertiser will provide all advertising materials to Aijobweb and send them to advertisement@Aijobweb.com at least five business days prior to the required release date. If advertising materials are not provided in accordance with this Policy, Aijobweb cannot guarantee that the applicable advertisement will commence before the start date specified in the Insertion Order. All changes to the advertisement must be made in writing and sent to the advertisement@Aijobweb.com before the delivery time deadline. Advertiser hereby grants Aijobweb a non-exclusive, worldwide, fully paid-up license to use, transmit, distribute, reproduce, perform and display the Advertisement and all of its contents therein in accordance with this Agreement.
5. If, at the beginning of the Campaign, the Advertiser fails to provide acceptable Advertising Materials that comply with Section 4 of this Agreement, Aijobweb shall have the right to charge the Advertiser the Advertising fees at the rates set forth in the Insertion Order in order to wait for receipt of the Advertiser's acceptable advertising materials. Once the campaign has commenced, if Aijobweb chooses to terminate an unacceptable advertisement, Aijobweb reserves the right to publish any alternative advertisement previously submitted by the Advertiser as acceptable until Aijobweb can reasonably begin to publish an acceptable advertisement provided by the Advertiser; If Aijobweb, in its sole discretion, determines that no acceptable alternative advertisement exists, Aijobweb also has the right to charge Advertiser at the rates set forth in the Insertion Order for Advertiser to wait for receipt of acceptable advertising materials.
6. Unless otherwise stated in the Insertion Order, Advertiser must send money to Aijobweb within two weeks of receipt of the invoice. Arrears of payment shall commence at an interest rate of 2% per month (or the maximum rate permitted by law) from the original invoice due date until full payment. If the Advertiser fails to make payment, the Advertiser will be responsible for all reasonable costs (including attorneys' fees) incurred by Aijobweb in collecting such amounts. All payables are in U.S. dollars and do not include any applicable taxes. Applicable taxes and fees are the responsibility of the Advertiser.
7. Except as expressly provided in the Insertion Order, the renewal of the Insertion Order and the acceptance of any other Insertion Order shall be at the sole discretion of Aijobweb. Pricing for any renewal period is at Aijobweb's sole discretion.
8. Advertiser may not resell, reassign or transfer any of their rights under this Agreement. Any attempt by the Advertiser to resell, reassign or transfer such rights shall result in the immediate and automatic termination of this Agreement; and aijobweb shall not be required to refund the Advertiser the advertising fees and shall not be liable for any liability.
9. Aijobweb disclaims all warranties, express or implied, with respect to Advertiser'advertisement, including but not limited to conditions of fitness for any particular purpose, merchantability and non-infringement. Aijobweb does not warrant that Aijobweb's services or it's delivery of the advertisements under this Agreement will be continuous, uninterrupted, or error-free.
10. Aijobweb shall not be liable under this Agreement for any punitive, exemplary, indirect, special, consequential or other damages, including, but not limited to, procurement of substitute goods or services, loss of business, loss of data or loss of profits. Aijobweb shall not be liable for any act of any omission. Aijobweb's total liability under this Agreement for any claim is limited to 75% of the amount of the Insertion Order payment that Aijobweb receives from Advertiser.
Aijobweb shall not be liable for any malfunction or delay resulting from any internet failure or communication line failure, power failure, earthquake, flood, fire, interruption of transportation of any kind, explosion, terrorism, riot, insurrection, embargo, legal strike, or illegal strike, slowdown in work, shortage of labor, shortage of materials, government action or any other circumstance affecting the production or delivery of advertisements.
11. Advertiser represents and warrants to Aijobweb that Advertiser has all necessary rights to permit Aijobweb to use Advertisement for the purposes of this Agreement; And that Aijobweb's use, reproduction, distribution, transmission, performance, accessing, downloading, or public display of the advertisement will not violate any criminal law or any rights of any third party. These rights include but not limited to the copyright, patent, trademark, trade secret, or moral rights.
Advertiser represents and warrants to Aijobweb that the content and any products or services provided to users through advertisement do not contain any unlawful or otherwise objectionable material, do not contain any material that encourages conduct giving rise to civil liability or constituting a criminal offence,or violating any applicable law.
Advertiser agrees to defend Aijobweb from and against any third party claims arising out of or in connection with a breach of any of the foregoing representations and warranties including reasonable legal costs and expenses, damages and settlement amounts incurred by Advertiser in such defense.
Advertiser agrees to defend Aijobweb from and against any third party claims arising out of the content or targeting of advertisements provided by Advertiser, or any products or services offered to Users through advertisements under this Agreement.
12. Advertiser may not make public announcements about the existence or content of an advertising order without Aijobweb's prior written approval. In addition, during the term of this Agreement and for a period of three years after the end date of any Insertion Order, neither party may use or disclose any Confidential Information of the other party except as otherwise expressly provided in this Agreement. "Confidential Information" means pre-posting advertisements, Insertion Orders, any Aijobweb statistics that Aijobweb considers to be Confidential, and any information designated in writing by the Disclosing Party or orally identified as "confidential" or "proprietary" at the time of disclosure.
13. These terms and conditions will supersede any and all conflicting terms in the Insertion Order. Aijobweb reserves the right to modify these terms and conditions with or without notice to Advertiser.
14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws; and This Agreement shall not be governed by any other law. Advertiser and Agencies irrevocably submit to the exclusive jurisdiction of the courts of Florida to enforce any claims made under these Terms and Conditions. These Terms and Conditions, written herein in the English language, are authentic text and any discrepancies or disputes shall be resolved by reference only to this text. This constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreement.