The advertisement, banner advertisement, press release
or other paid for promotion bearing the Customer Branding which
the Customer wishes to appear on the Web Site, or the Newswire
bearing the Customer Branding which the Customer wishes
eTurboNews to send by e-mail to Newswire Subscribers, as the
case may be.
The agreement between eTurboNews and the Customer on these terms
and conditions, in addition to those appearing on eTurboNews's
Media Kit, and any Special Conditions.
The style and form in which the Advertisement will appear on the
Web Site or in a Newswire, as determined by this Agreement and
any Special Conditions and as agreed from time to time between
eTurboNews and the Customer.
The person named as such on the Order Confirmation Form and/or
their advertising agency.
The branding of the Customer which may appear in the
The period for which the Advertisement will appear on the Web
Site or the time period for your campaigns.
The advertising order confirmation received from Customers by
email, mail, fax and/or verbally, indicating advertising
purchased and related price(s), placement date(s), etc., which
are subject to these terms and conditions.
Newswires & other Emails
Emails sent by or on behalf of eTurboNews to Subscribers.
Newswire Subscriber & Community Members
A user of the Web Site who has registered with eTurboNews to
receive Newswires and other emails.
The price payable by the Customer, as set out on Rate Sheet
and/or the Order/ Invoice Confirmation.
The date on which a Newswire containing an Advertisement is due
to be released, as agreed between the parties.
eTurboNews, Inc, P.O.Box 208, Haleiwa, Hawaii 96712, USA
Any conditions contained in the Order Confirmation Form.
The details regarding the size and positioning of the
Advertisement on the Web Site or Newswire and other terms set
out on the Order Confirmation Form.
In respect of any Advertisement, means that it is inaccurate,
contravenes any law or code of practice relating to the content
of advertisements generally, infringes the intellectual property
rights of another, is abusive, immoral, defamatory or otherwise
likely to offend users of the Web Site, the Newswire service or
the Internet in general.
The presence of eTurboNews or any of their subsidiaries on the
world wide web identified in the Order Confirmation Form.
By submitting material for the Advertisement to eTurboNews
and/or paying the Price, the Customer accepts these terms and
authorises eTurboNews to publish the Advertisement on the Web
Site or in a Newswire, as the case may be, once the Copy has
been submitted to eTurboNews.
The advertiser and its agency, if there is one, each
represents that it is fully authorized and/or licensed to
publish the entire contents and subject matter contained in its
advertisement including (1) the names, portraits and/or pictures
living or dead; (2) any copyrighted material; trademarks, and/or
depictions of trademarked goods or services; (3) any
photographs, testimonials, or endorse-ments contained in any
advertisement submitted to and published by the eTurboNews. In
consideration of the eTurboNews's acceptance of such
advertisement for publication, the agency and the advertiser
will indemnify and save harmless the eTurboNews against all
loss, liability, damage, and expenses of any nature (including
reasonable attorneys fees) arising out of the copying, printing,
or pub-lishing of its advertisement and resulting from any
proceedings, claims, or suits including, without limitation, for
libel, violation of rights of privacy and of publicity, unfair
competition, intentional or negligent infliction of emotional
distress, and copyright and/or trademark infringement.
OBLIGATIONS OF THE CUSTOMER
3.1 To pay the Price on immediate receipt of an
invoice from eTurboNews and in any event no later than the
invoice due date or on which the Advertisement is to appear on
the Web Site or in a Newswire, as the case may be. If the
Customer does not pay the Price after Advertisements has begun
to run, eTurboNews may remove the Advertisement from the Web
Site or Newswire or all of these, at which time the full Price
is due and payable as per Section 6.2 and 6.3.
3.2 To indemnify eTurboNews against all
losses, costs, claims, damages or other expenses that eTurboNews
incurs as a result of breach by the Customer of any of these
terms, or as a result of any third party claims which eTurboNews
receives as a result of the Advertisements.
3.3 To acknowledge that eTurboNews retains
full editorial control over all Advertisements and that
eTurboNews will own all copyright in the Advertisements, save
that eTurboNews shall not own any Customer Branding, Trade Names
and Trade Marks.
3.4 To provide all materials for the
Advertisement (including, without limitation, GIF and JPEG
files) in accordance with the procedures and deadlines required
by eTurboNews from time to time.
3.5 Customer will carefully review
advertising proof for any errors, prior to publication.
Final approval must be received by eTurboNews from Customer
before advertisement will be published, except for Media Release
postings. If Customer sends advertisement to eTurboNews's advertising
production department after closing date, Customer will not be
provided with an opportunity to approve or revise advertisements
and will have deemed to have approved advertising for
publication. Under no circumstances can/will eTurboNews be
responsible for errors, omission, appearance, etc. in
advertisement approved by Customers.
OBLIGATIONS OF eTurboNews
4.1 To use reasonable endeavours to ensure that
the Advertisement features on the Web Site for the Duration, or,
in the case of Newswires, on the Release Date, and in each case
in accordance with the Special Instructions.
4.2 To use reasonable endeavours to ensure
that the Web Site is accessible to users of the world wide web
for a minimum of 140 hours each week.
4.3 eTurboNews does not guarantee any levels
of response to the Advertisement.
RIGHTS OF eTurboNews
5.1 The Customer warrants that the
Advertisement is not Unacceptable. If eTurboNews at any time
considers that the Advertisement is Unacceptable eTurboNews may
remove the Advertisement from the Web Site or Newswire, as the
case may be. In this case eTurboNews will not refund any part of
the Price to the Customer.
5.2 The Customer warrants that the Customer
Branding will not infringe the intellectual property rights of
any third party.
5.3 eTurboNews reserves the right to change
the format of the Web Site and Newswire service as eTurboNews
sees fit. If eTurboNews decides to discontinue the Web Site then
it will refund to the Customer that proportion of the Price that
is equivalent to the proportion of the Duration left to run at
the date of discontinuation.
5.4 eTurboNews reserves the right to
terminate this contract with immediate effect by giving written
notice of this to the Customer. If eTurboNews decides to
terminate the contract then it will refund to the Customer that
proportion of the Price that is equivalent to the proportion of
the Duration left to run at the date of discontinuation.
6.1 Cancellations received prior to the Advertisement
or a series of Advertisements appearing on the Web Site or in a
Newswire, but after ad Order Confirmation has been received,
will be liable for an administrative fee equivalent to 25% of
6.2 No refund or credit will be given for
cancellations received after an Advertisement has appeared or
after a series of Advertisements has started to appear on the
Web Site or in a Newswire and the Customer shall remain liable
for the Price in such circumstances.
6.3 All ad Order Confirmation orders are
accepted subject to provisions of rates outline on media kit.
Rates are subject to change upon notice from eTurboNews. Should
a change in rates be made, space reserved may be canceled by the
advertiser at the time the change becomes effective without
incurring short-rate charges, provided the advertisements
published to the date of cancellation are consistent with the
appropriate frequency or volume rate. Cancellation of Order
Confirmation for any other reason (in whole or in part by the
advertiser) will result in an adjustment of the rate
(short-rate) based on past and subsequent insertions to reflect
actual space used at the rates outlined in media kit.
7.1 eTurboNews shall not be liable to the Customer for
any indirect or consequential losses or damage suffered by the
Customer including (without limitation) any loss of profits,
contracts, revenue, goodwill, business, savings or opportunity
irrespective of whether eTurboNews knew or ought to have known
of the possibility of that loss.
7.2 eTurboNews shall not be liable for any
losses, damage or expenses (including, without limitation, any
costs of finding replacement advertising space) suffered or
incurred by the Customer as a result of the Web Site not being
accessible to users of the world wide web for any period of time
or as a result of any Newswire not having been received by any
7.3 Nothing in these terms and conditions
shall operate to limit the liability of either party for any
death or personal injury caused by its negligence or that of its
employees. In all other events the limit of eTurboNews's
liability for any losses, expenses or damages incurred by the
Customer in relation to this Agreement (whether in tort,
contract or otherwise) shall be equal to the Price paid by the
Customer to eTurboNews under this Agreement.
7.4 eTurboNews shall not be liable for any
delay in or non-performance of its obligations under this
Agreement to the extent that such delay or non-performance is
due to any cause beyond its reasonable control including but not
limited to the acts, defaults or omissions of suppliers or
sub-contractors, failure of any telecommunications or power
network, war, undeclared hostilities, terrorism, industrial
action and acts of God.
7.5 eTurboNews will use reasonable efforts
to comply with the Customer's requested start and end dates for
publication or broadcast of their Advertisement but cannot
warrant or guarantee that these dates or times will be met.
7.6 The eTurboNews will not be liable under
any circumstances for any costs or damages (including
consequential damages) as a result of either the failure to
print any advertisement or of the appearance of any errors in
any advertisement as published. If any errors appear in
the advertisement as published, the only remedy will be a
make-good advertisement, only if Customer had not approved
advertisement prior to publication (refer to item 3.5).
8.1 Any re-submission of the Advertisement by
the Customer will be deemed to be a new Advertisement for which
the Customer must repay the Price.
8.2 If there is any conflict between these
terms of advertising and the Special Conditions, the Special
Conditions shall prevail.
8.3 Even if the Customer is acting as an
advertising agency or other representative, it enters into this
Agreement in its own right as principal and not as an agent.
8.4 The Customer shall not assign, transfer
or resell its rights under this Agreement.
8.5 Unless otherwise stated in any Special
Conditions, the positioning of the Advertisement on the Web Site
or in the Newswire, or broadcast time for email advertisement is
to be determined by eTurboNews.
8.6 eTurboNews shall have the right to hold
Customer and/or its advertising agency jointly and severely
liable for such monies as are due and payable to the eTurboNews
for advertising which advertiser or its agency ordered and/or
which advertising was published.
8.7 No conditions other than those set forth
in this rate card shall be binding on the eTurboNews unless
specifically agreed to in writing by the eTurboNews. The
eTurboNews will not be bound by conditions printed or appearing
on order blanks or copy instructions submitted by or on behalf
of the Customer when such conditions conflict with any
provisions contained herein.
8.8 Conditions are subject to change by the
eTurboNews without notice.
8.9 All advertisements must be clearly
identifiable as such with a trademark or sig-nature of the
advertiser. The word "Advertisement" or similar may be placed
with copy which in the eTurboNews's opinion resembles editorial
8.10 Failure to make insertion orders
correspond in price or otherwise with the rate schedule is
regarded only as a clerical error and publication is made and
charged for upon the terms of the schedule in force without
SUBMISSION OF ADVERTISEMENTS
The Special Conditions refer to the methods by which the
Customer can submit Advertisements to eTurboNews. These methods
are as follows:-
9.1 Submission by eTurboNews. This involves
the Customer sending the Advertisements to eTurboNews so that
eTurboNews can post the Advertisements onto the Web Site or, in
the case of Advertisements to be published in a Newswire, send
them by e-mail to Newswire Subscribers.
9.2 Submission by Customer. This involves
the Customer posting the Advertisements to the Web Site directly
in accordance with procedures specified by eTurboNews. This
method is available for the advertisement and for
advertisements in the form of press releases on the Web Site.
This Agreement shall be governed by US law and jurisdication of
the Honolulu County, Hawaii courts if Order Confirmation Form
is concluded with eTurboNews, Inc, Haleiwa, Hawaii.