These terms and conditions shall apply to all Advertisements submitted to and acknowledged by GLOBAL JOURNALS INC. An Advertisement submitted to GLOBAL JOURNALS INC. shall not be considered to have been accepted unless and until either confirmed in writing by GLOBAL JOURNALS INC. or the campaign commences and the first Advertisement appears in the relevant Journal, E-Mail Campaign, or Internet Site. By submitting an Advertisement to GLOBAL JOURNALS INC. the Client agrees to be bound by these terms and conditions as principal, even if it is acting as agent or buyer for the actual advertiser. A Customer's standard terms and conditions of purchase or other standard terms and conditions shall may or may not apply, it will decided by higher authorities of Global Journals Inc. Decision of Global Journals will be final at any case or condition.
In these terms and conditions, the following definitions shall apply:
- "Advertisement" means an advertisement published, reproduced or inserted in or on any Journal, E-Mail Alert Campaign or Internet Website pursuant to an Advertisement Order.
- "Advertisement Order" means any order submitted to GLOBAL JOURNALS INC. for the publication, reproduction or insertion of Material in or on any Journal, E-Mail Campaign or Internet Website.
- "Customer" means the person who submits the Advertisement Order even if it is acting as agent or buyer for the actual advertiser.
- "E-Mail Campaign" means any e-mail campaign, alert, or call for paper commenced by or on behalf of GLOBAL JOURNALS INC. .
- "Internet Site" or "Internet Website" means any internet site/website operated, owned, or controlled by GLOBAL JOURNALS INC. .
- "Journal" means any journal / research magazine / research journal / eJournal /3D-Virtual Journal /Print Journal or other publication published by or on behalf of GLOBAL JOURNALS INC. .
- "GLOBAL JOURNALS INC. " means Global Journals registered in Delaware, USA. Whose registered office is at United States of America (USA), India and United Kingdom (UK). It can also means Global Journals or Global Journals registered at Indore, MP, India.
- "Material" means any advertising material/copy, artwork, photographs or other material provided or to be provided by the Customer in connection with the Advertisement Order.
- "Rate Card"means the rate card / Charges / Fee of GLOBAL JOURNALS INC. in effect for the time being.
2. Warranties and Indemnity
2.1 The Customer hereby warrants and represents that:
(a) The Material is not obscene, defamatory or libelous and it will not infringe the intellectual property rights or any other rights (including any right of privacy or confidence) of any third party.
(b) All information, anything in any form and Material supplied to GLOBAL JOURNALS INC. is true, accurate, and not misleading, and nothing contained in it is liable to bring GLOBAL JOURNALS INC. Or the Journal into disrepute.
(c) The Material complies with all applicable legislation and codes of practice in the countries in which the Material is to be published.
(d) It has all necessary rights, licenses and consents (including where necessary regulatory consents and consents from persons or entities cited or quoted in the Material) needed to permit GLOBAL JOURNALS INC. to use, display, reproduce, insert or publish the Material pursuant to the Advertisement Order.
2.2 The Customer shall indemnify and insure GLOBAL JOURNALS INC. and keep GLOBAL JOURNALS INC. indemnified against all losses, damages, expenses (including legal expenses), charges or other costs (including any settlement payments) suffered or incurred by GLOBAL JOURNALS INC. as a result of a breach, or alleged breach, of any of the warranties contained in clause 2.1 above.
3. Limitation of Liability
3.1 GLOBAL JOURNALS INC. does not exclude or limit its liability for death or personal injury caused by the negligence or GLOBAL JOURNALS INC. or its agents or law expressly prohibits any other liability the exclusion or liability of which.
3.2 Subject to clause 3.1, GLOBAL JOURNALS INC. shall not be liable to the Customer or consumer or advertiser in contract, tort (including negligence) or otherwise for any indirect loss of profits, business, contracts, orders, revenue, goodwill or anticipated savings or for any special or consequential loss or damage.
3.3 Subject to clause 3.1, the liability of GLOBAL JOURNALS INC. in respect of any and all claims (whether in contract or tort) arising out of or in connection with an Advertisement or Advertisement Order shall not exceed the amount the Customer or consumer or advertiser has paid GLOBAL JOURNALS INC. in connection with that Advertisement or Advertisement Order.
3.4 GLOBAL JOURNALS INC. shall not be liable for any damage or loss of any Material.
3.5 It is the Customer's responsibility to ensure that all Advertisements are correct, accurate, and not misleading. GLOBAL JOURNALS INC. accepts no responsibility for any errors in an Advertisement. However, in the event of an error in a published Advertisement because of a typographical error introduced by GLOBAL JOURNALS INC. , GLOBAL JOURNALS INC. may or may not agree to re-run the Advertisement free of charge in the next available edition of the Journal.
3.6 The services provided hereunder are provided "as is." Except as otherwise expressly provided herein, GLOBAL JOURNALS INC. makes no warranties of any kind, either express or implied, including, but not limited to, warranties of satisfactory quality, accuracy, or fitness for a particular purpose. GLOBAL JOURNALS INC. does not warrant that any Internet Site or Website will be uninterrupted, error-free, accessible at any particular time, or free of infection from viruses or other code that manifests contaminating or destructive properties or any type of technical errors or Server failures or bugs in the website or programming errors or any ethical/unethical errors. GLOBAL JOURNALS INC. agrees to use its reasonable endeavors to run requested positions of Advertisements in a Journal, which have been agreed by it in writing, but is unable to guarantee this. GLOBAL JOURNALS INC. will use all reasonable endeavors to reproduce Customer's trademarks and logos featured in Advertisements correctly in accordance with written instructions given to it, but are unable to guarantee this. Excluding as otherwise expressly provided herein, all conditions, warranties, terms, prior representations, and undertakings express or implied, statutory or otherwise in respect of the services provided hereunder are fully permitted by law expressly excluded.
3.7 GLOBAL JOURNALS INC. is not responsible for errors made in any Advertisement that result from changes or alterations made by GLOBAL JOURNALS INC. at the Customer's request or without request.
4.1 Unless otherwise agreed by GLOBAL JOURNALS INC. in writing, GLOBAL JOURNALS INC. shall invoice the Customer for all amounts, as they become due, which shall be after the date of first publication of the first applicable Advertisement. Invoices must be paid within 15 days of date of such invoice. If not paid, we will not be responsible for anything including any delay or any type of loss.
4.2 GLOBAL JOURNALS INC. may charge interest on all sums outstanding beyond the date on which they are due for payment. Interest may be charged on that basis from the due date of fee until the actual date payment is paid at the rate of 2% above the base rate of HSBC India.
4.3 Bone fide advertising agencies, with whom GLOBAL JOURNALS INC. have previously contracted, will be allowed a commission of up to 20% of GLOBAL JOURNALS INC. 's applicable rate on Space, position and color of advertisement only.
4.4 The Customer will be short-rated if within 48 weeks of its first Advertisement it does not use the total number of Advertisements upon which its rates have been based, pursuant to the Rate Card. The Customer will be rebated if within 48 weeks of its first Advertisement sufficient Advertisements have been placed entitling the Advertiser to a lower rate than at which they have been invoiced, pursuant to the Rate Card.
4.5 Where applicable, all applicable taxes, Indian taxes, including without limitation VAT and taxes on advertising space, will be the responsibility of the Customer or consumer or advertiser and shall be paid in addition by the Customer, consumer, or advertiser.
4.6 GLOBAL JOURNALS INC. reserves the right to change the rates in the Rate Card / Fee / Advertisement Charges at any time. The then current prevailing Rate Card / Fee / Advertisement Charges is available to Customers on request from the GLOBAL JOURNALS INC. advertising department.
Once an Advertisement Order has been accepted, a Customer can only cancel or alter the Advertisement Order up to 10 weeks from the agreed insertion date of the relevant Advertisement in the Journal. After this date, the written consent of GLOBAL JOURNALS INC. is required for any cancellation or modification. If such consent is not granted then the Customer will be liable for all sums due to GLOBAL JOURNALS INC. under the Advertisement Order.
6.1 The Customer hereby grants GLOBAL JOURNALS INC. all rights that GLOBAL JOURNALS INC. requires to fulfill the Advertisement Order.
6.2 GLOBAL JOURNALS INC. may either (as it shall choose at its discretion) refuse or require to be edited any Material relating to an Advertisement that does not comply with GLOBAL JOURNALS INC. 's standards or which, in the reasonable opinion of GLOBAL JOURNALS INC. , is or may be, defamatory, obscene, illegal, infringe the intellectual property rights or other rights of a third party or fail to comply with any relevant legislation or code of practice.
6.3 GLOBAL JOURNALS INC. reserves the right to place the word "Advertisement" or any word or any line in any Advertisement containing Material, which in GLOBAL JOURNALS INC. 's opinion resembles editorial matter. Such Advertisements must additionally conform with GLOBAL JOURNALS INC. 's rules concerning advertising that resembles editorial matter (Advertisement Features, Advertorial) that are available to the Customer on request, or via the GLOBAL JOURNALS INC. advertising website.
6.4 GLOBAL JOURNALS INC. shall not be liable for delay, failure caused by acts of suppliers, God, contractors, distributors, flood, any government, insurrection, strikes, embargo, whether legal or illegal, or other contingencies beyond GLOBAL JOURNALS INC. 's control.
6.5 All Advertising orders and correspondence relating to any Advertising Order should be addressed to Global Journals India.
6.6 Material, unless otherwise agreed in writing, shall be held stored for a minimum of 6 months from receipt. Thereafter, GLOBAL JOURNALS INC. shall have the right to destroy such Material without further notice to the Customer.
6.7 The Customer shall deliver GLOBAL JOURNALS INC. with all necessary Material by any date specified by GLOBAL JOURNALS INC. . If the Customer fails to provide such Material by such date then GLOBAL JOURNALS INC. does not guarantee to fulfill its responsibilities under the Advertisement Order and accepts no liability for a failure to do so. (This is in addition to GLOBAL JOURNALS INC. 's rights under clause 5 above).
6.8 If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable in whole or in part this shall not affect the validity or enforceability of the other terms and conditions set out herein.
6.9 No waiver by GLOBAL JOURNALS INC. of any breach if these terms and conditions will be treated as a waiver of any subsequent breach of the same or any other provision.
6.10 Variations to these terms and conditions may be effective at any time without any notice if made in online/writing and signed/unsigned by an authorized representative of GLOBAL JOURNALS INC. or GLOBAL JOURNALS INC. India management or advertising department sales representative level.
6.11 GLOBAL JOURNALS INC. employees are not authorized to make any representations concerning GLOBAL JOURNALS INC. 's services unless confirmed by GLOBAL JOURNALS INC. in writing.
6.12 All terms and conditions shall be governed by and construed in accordance with the laws of India without regard to the principles of conflict of laws. The parties hereto submit to the exclusive jurisdiction of the Indore, India courts.
6.13 GLOBAL JOURNALS INC. , Global Journals, Global Journals Inc. (India) are registered trademarks of the GLOBAL JOURNALS INC. . GLOBAL JOURNALS INC. does not license the use of its registered trademarks by third parties without a written license agreement expressly authorizing the specific use in question.