Advertiser Terms & Conditions
1.0 Definitions
1.1. “Easy2choose” or “Platform” means “Easy2choose Platforms”. It means the advertising platform offered by E2C on a variety of media such as Facebook, LinkdelIn, Instagram and Twitter platforms together with this website, the mobile website and the smart phone application into which Advertisements may be inserted.
1.2. “E2C” or “Company” means “E2C Business Ltd.”, registered office: 29, Triq il-Kan. Gorg Bonello, Hamrun, HMR 1392, company Registration No: C101530
1.3. “Advertising” primarily means advertising space and other forms of advertising such as banners, priority listing for key words and sending of e-mails.
1.4. “Customer” means the Company named on the Advertisement Order Form, as Customer who wishes to have Advertisements inserted on the Easy2choose. The Customer shall be deemed to be that person signing or electronically approving the Sales Order.
1.5. “Guarantor” shall mean the person signing or electronically approving this form / electronic form who guarantees in his own personal name to pay any balance due to E2C should the Customer fail to pay as agreed, whether the Customer trades as a sole trader, any partnership or limited liability Company.
1.6. “Agent” means the Advertising Agency acting on behalf of the Customer.
1.7. “Advertisement” means the advertisement specifically Easy2choose requested and agreed with the Customer.
1.8. “Banner” is a type of Advertising in the form of a graphical area with the relevant dimensions that is displayed on various parts of servers. After clicking on a Banner, a user is re-directed to pages in accordance with the Client’s input.
1.9. “Product” means any; Advertisement, Newsletter, Business Article, and any other product which Easy2choose may from time-to-time offer.
1.10. “Order Change” means a Change to the Advertisement size, classification (Heading) or quantity.
1.11. “Terms and Conditions” means these Business Terms and Conditions for Advertising on Internet Servers.
1.12. Words denoting the masculine gender include the feminine and neuter and vice versa and words denoting the singular include the plural and vice versa.
2.0 Materials
2.1. The Customer shall supply to Easy2choose whenever appropriate such materials or electronic data as may be required by Easy2choose to publish the Advertisements, such materials to be of quality suitable to Easy2choose’s use and to be delivered to E2C and Easy2choose’s possession in sufficient time to suit Easy2choose’s requirements.
2.2. All advertising material will be supplied to Easy2choose on a non-returnable basis. The Customer shall ensure that such materials are legitimately forwarded to Easy2choose. Easy2choose and E2C shall assume no responsibility over the legitimacy of such material. In the event that the Customer is not the proprietor of such material or is not authorized to possess, handle, forward or utilize said material, as a result of which E2C and Easy2choose may suffer any liability, costs, losses or damages, the Customer hereby undertakes to indemnify Easy2choose with all losses sustained.
3.0 Advertisement Content
3.1 E2C and Easy2choose shall not be obliged to accept or publish any Advertisement or any part thereof which it considers in its sole discretion to be contrary to, or infringes, any law or regulation, or the right or privilege of any person, or which might mislead members of the public, or which members of the public might find offensive, prejudicial or defamatory, or is likely to subject E2C and Easy2choose to liability, prosecution, seizure or loss of business, damages, financial loss, criticism or embarrassment, or which might affect the final quality and/or image of this website or Easy2choose’s image or reputation, regardless of the legitimacy of the Advertisement or its contents, and notwithstanding the existence of a contract between the Customer and Easy2choose. For the purposes of these Terms and Conditions, unlawful content shall be understood to mean, in particular, content:
- That disseminates pornography, in particular sexual practices that meet the definition of the criminal offence of disseminating pornography;
- That meets the definition of a criminal offence or that breaches copyrights (e.g. the operation of download servers, warez, gamez, crack servers, making available or disseminating illegal MP3 files, making available or disseminating photographs and other works used without the author’s consent) or industrial rights (e.g. a breach of trademark rights) or that incites or assists such a breach;
- That assists or incites the circumvention of technical means for protecting copyrights;
- That commits incitement or approval of criminal activity, defamation of a nation, ethnic group or race and convincing or promoting a movement leading to the suppression of human rights and freedoms, in particular in the form of the dissemination of options of the extreme right or extreme left;
- That unlawfully interferes with the personal rights of third persons or with the good reputation of a legal entity;
- Through which the Client or a third party commits unfair competition;
- That disseminates or promotes any other unlawful or criminal activities.
4.0 Correctness of Entries
4.1. The criteria for correctness in the Easy2choose platforms as subscribed shall be, either:
- The Customer’s trading name, address, telephone number/s, email address, any social network pages links and the heading/s it shall be featuring under.
4.2. E2C and Easy2choose shall not be responsible for any changes to the Customer’s data made by any party. It shall at all times remain the responsibility of the Customer or his Agent to inform E2C in writing of any change in the Customer’s trading name, address or telephone number/s before publication.
4.3. The Client can propose a change to its Order no later than 2 business days after the sending the details mentioned in 4.1 (a).
5.0. Limitation of Liability
5.1. In the event of any error or omission whether or not arising from negligence, the Customer shall be entitled to compensation of such part (not exceeding the whole) of the charge for the Advertisement concerned as is fair and reasonable having regard to the nature of the error or omission.
5.2. Under no circumstances shall E2C and Easy2choose be held liable in contract, or otherwise, for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever arising out of any errors or omissions.
6.0. Layout of Advertisements
6.1. The Client is obligated to provide all source documents for the Advertising in perfect quality, in the correct data size and in the correct dimensions stated by E2C or Easy2choose.
6.2. Advertisements are arranged in alphabetical order of the Customer’s trading name. The Banner will be rotated on a regular basis to give Customers equal advertising exposure.
6.3. E2C and Easy2choose is precluded from disclosing details and sensitive data concerning other Customers and their orders, and in this respect limits its undertaking only to a guarantee that the ranking shall be as stipulated above.
7.0. Confidential Information, Duty of Non-disclosure
7.1. The Contracting Parties regard all data provided to each other in connection with a Contract (Order) as confidential, unless it is generally known data and information. Confidential information will not be made available to a third party without the prior consent of the other Contracting Party. The following are not breaches of this duty of confidentiality:
- The provision of confidential information to the necessary extent to bodies or persons having a right to such information under the law and to check the activities of the Contracting Parties;
- The provision of confidential information to persons bound under the law by a duty of non-disclosure (e.g., notary, attorney, tax advisor);
- The use of confidential information in accordance with a Contract in connection with the performance of obligations under the Contract; and
- Other use of protected information with the prior consent of the other Contracting Party.
8.0. Price
8.1. The price of Advertising is calculated on the conditions stated in a Contract. The prices stated in the pricelist do not contain VAT, which will be billed by the Operator in the amount stated by valid legal regulations.
8.2. Unless the parties agree otherwise, the Operator will request an advance payment for a whole Campaign by sending the Client an invoice before the Advertising or Campaign is being launched. The invoice will be payable within 14 days of the day of publication of the invoice.
9.0. Indemnification
9.1. The Customer or his Agent shall keep E2C and Easy2choose indemnified from and against all proceedings, claims, demands, damages, fines, costs, expenses and charges taken, made or awarded against E2C and Easy2choose or its employees or agents arising out of, or in connection with, any Advertisement including actual alleged or inadvertent defamation, mis-description, false trade description of goods and services offered, error/omission or infringement of copyright, trade mark, service mark, design right or privilege.
10.0. Intellectual Property Rights
10.1. The Customer warrants that he is duly qualified and/or authorised to engage in the business or profession described in the classification (Heading) designated. The Customer further warrants that he is the owner of any copyright material, brand name, trade mark, service mark, supplied images or logo (“material”) to be incorporated into the Advertisement, or as the case may be, that he has been duly authorised by the right holder of such material to engage in the business or profession described in the classification (Heading) designated.
10.2. The Customer hereby assumes full responsibility for such material, and exonerates E2C and Easy2choose from any liability caused by such material, holding E2C and Easy2choose harmless against any claims that may be directed towards it by third parties, and shall indemnify E2C and Easy2choose for any damages and losses suffered in this regard.
11.0. Force Majeure
11.1. E2C and Easy2choose shall not be held in breach of contract should it not publish the Advertisement or otherwise fail to honour its contractual obligations due to any cause that is beyond its reasonable control including (but without limitation): Act of God, inclement weather, flood, lightning or fire, industrial action or lockouts; the act or omission of Government, or other competent authority, war, military operations or riot, disease, pandemic; the act or omission of any party for whom E2C and Easy2choose is not responsible, or any other circumstance natural or otherwise, and regardless of any official terminology, classification or announcement by any Government or authority, which is beyond its control or which effectively prohibits, hinders, restricts or adversely affects it operations, services or part thereof.
11.2. E2C and Easy2choose reserve the right at its sole discretion to accept or refuse any request or attempt to change or waive any of these terms and conditions by reason of a force majeure event.
12.0. Term of Contract and Renewal
12.1. A Business Advertisement is advertised for an agreed period from date of confirmation of order, or any other period/s specifically stipulated in the correspondence between the Easy2choose and the client. After the first period of advertising, the advert shall be automatically renewed for 1 year, unless the Customer or his Agent gives notice of termination to E2C and Easy2choose, in accordance with 11.1 (Notice clause), a month before the expiration of such period. A contract should be in place. A Contract will contain, in particular, specifications of the Advertising and other conditions not set out by these Terms and Conditions.
12.2. An Event’s Advertisement and Job Advertisement which agreement can be set an acceptance of inception in writing is in the form of a one-off concluded in the form of a written Order governing one Campaign is concluded for a fixed term. A Contract is terminated at the moment the Campaign period ends or at the time of the last Campaign, if multiple Campaigns are agreed in an Order.
13.0. Cancellation of Advertisement
13.1. It shall not be possible for the Customer or his Agent to cancel an Advertisement before the lapse of 1 year or as the case may be, prior to the end date/s stipulated in the Agreement. Provided that E2C and Easy2choose retain the prerogative to allow for such cancellation, subject to a cancellation charge or other conditions it may deem fit.
13.2. No Advertisement shall be deemed to have been cancelled and/or terminated until E2C and Easy2choose has issued an acceptance of cancellation/termination in writing.
13.3. E2C and Easy2choose may (without prejudice to any other right or remedy) remove any Advertisement or refrain from proceeding with any other Advertisement order by the Customer and to refuse any further Advertisement so ordered without penalty and with immediate effect if the Customer or his Agent:
13.4. Fails to pay when due any sum payable under the Agreement, including any immediate payment/s,
13.5. Fails to observe or perform the Conditions in the Agreement.
14.0. Notices
14.1. Any notice or other communication required to be given or served for the purposes of this Contract except where otherwise provided shall be in writing and shall be deemed to have been duly given and served if sent by post or by email.
14.1.1. E2C’s address for service shall be 29, Triq il-Kan. Gorg Bonello, Hamrun, HMR 1392, or such address as may be notified to the Customer or his Agent.
14.1.2. E2C’s email shall be info@easy2choose.mt
15.0. Applicable Law
15.1. These conditions shall be subject to and construed and interpreted in accordance with the Laws of Malta.
15.2. It shall remain the sole responsibility of the Customer to ensure that the placing of an Advertisement, or the featuring of his trade or business on E2C and Easy2choose, shall at all times be compliant with all laws and regulations applicable to said trade or business. The Customer shall hold E2C and Easy2choose harmless for any liability or loss it may suffer as a result of such infringement. In the event that E2C and Easy2choose, for any reason whatsoever, shall suffer any liability or loss consequent to the Customer’s failure to comply with any such law and/or regulation, the Customer shall immediately indemnify E2C and Easy2choose with all losses incurred, together with related charges, including all legal costs and fees.
16.0. Data Protection Statement
16.1. E2C and Easy2choose is committed to the highest standards in the processing of personal data and shall process any personal data found herein according to the Data Protection Act and any other applicable law.
16.2. The Customer acknowledges that E2C and Easy2choose may be obliged to disclose data according to law, and also that it may have to share, transfer or disclose data for the provision of services on E2C and Easy2choose. In this regard and provided this shall be carried out according to law, the Customer hereby consents to such retention, storage, sharing and disclosure of data.
16.3. In placing an Advertisement and featuring on E2C and Easy2choose the Customer acknowledges to have had sight of and accepted E2C and Easy2choose’s Privacy Policy available on this website.