A Definitions and Acceptance of the Terms and Conditions
Northern Media (“TechGraph”) accepts the publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
These Terms apply to:
Online advertisements on www.TechGraph.co (the “Website”); and
online advertising booked through the TechGraph’s business desk “TG”, (together “Advertisements”).
By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
Materials for any Advertisement (whether video, audio or digital) must adhere to TechGraph’s technical specifications and be delivered to TechGraph within the applicable timeframes, each as set out here.
When TechGraph builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in TechGraph’s Advertising Guide here.
TechGraph may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement.
TechGraph may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising on our platform. The Advertiser will remain responsible for all outstanding charges.
The publication of an Advertisement by TechGraph does not mean that TechGraph accepts the Advertisement has been provided in accordance with these Terms or that TechGraph has waived its rights under these Terms.
The Advertiser guarantees to TechGraph that:
Any information supplied in connection with the Advertisement is accurate, complete, true, and not misleading; it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement; the Advertisements are legal, decent, honest, and truthful, are not contrary to the provisions of any applicable law, regulation, or code of practice (including the India Code of Non-broadcast Advertising, Sales Promotion, and Direct Marketing, and other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), is not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
the Advertisement will not be prejudicial to the image or reputation of TechGraph or the Website or the Video TV, and will not contain anything with TechGraph in good faith considers to be offensive or otherwise inappropriate; all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website.
Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with TechGraph and the Advertiser will compensate TechGraph for any claim made by such advertiser against TechGraph.
All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. TechGraph may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect immediately.
However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
All sums payable to TechGraph should be made in accordance with TechGraph’s Financial Terms & Conditions which are: TechGraph will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
TechGraph’s standard payment terms are cleared funds 28 days from the date of invoice.
If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, Payment by bank transfer/Payment Gateway should be processed by the customer three working days prior to the due date.
The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by TechGraph’s applicable third-party provider will be final and binding.
TechGraph cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, TechGraph shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified TechGraph in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
TechGraph will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, TechGraph will not be liable unless such over-delivery arises due to TechGraph’s act or omissions.
TechGraph and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by TechGraph will be treated as the confidential information of the Advertiser and will not be disclosed by TechGraph to any third party (other than TechGraph’s service providers for the purpose of TechGraph complying with its obligations under these Terms) without the consent of the Advertiser.
In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
TechGraph does not guarantee that Advertisements booked through TechGraph Business Team will appear on any particular Website and/or that impressions will be spread evenly across any particular website. Furthermore, TechGraph does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser.
TechGraph will implement its default brand safety measures in respect of the sites on which Advertisements booked through the TechGraph Business Team will appear. TechGraph serves all advertising for TechGraph Business Team on a whitelist which has been manually vetted to ensure the quality of the sites. Notwithstanding the foregoing, TechGraph makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements are booked through the TechGraph Business Team.
If an Advertisement booked through TechGraph Business Team is published on a site that the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the Website in a manner which the Advertiser reasonably believes to be unsuitable, the Advertiser may notify TechGraph and TechGraph will, as the Advertiser’s sole remedy, use reasonable endeavors to remove the Advertisement from the site and/or the Website (as applicable) within 24 hours, where entirely within TechGraph’s control. For more information about TechGraph’s brand safety measures, please consult TechGraph’s Brand Safety Policy, which can be found here.
Liability of the Advertiser
The Advertiser will fully indemnify TechGraph from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses, and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by TechGraph in accordance with these Terms.
TechGraph owns the copyright in all Advertisements written or designed by it or on its behalf.
The Advertiser grants TechGraph the right (free of charge) to:
use such of the Advertiser’s names, trademarks, and/or logos as TechGraph may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes.
For the avoidance of doubt, the content, layout, and format of any Website will be subject to variation at TechGraph’s sole discretion.
The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card, here. The Advertiser may cancel an Advertisement provided that notice in writing is received by TechGraph within the relevant cancellation period.
In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, TechGraph may treat the order as canceled.
If TechGraph fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
These Terms are the entire agreement between the Advertiser and TechGraph in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both TechGraph and the Advertiser.
These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgment or click-through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.