logo   Crunch ending stats so far:
Winnings: $0,000  Earnings: $0,000 Charity: $0,000
 
Newsletter:
ONLY 149 slots remain! Make advertising history with twitter. Google says "Don't be evil", we ask you to support this site and "do some good".

Terms & Conditions of Sale

End My Credit Crunch ("EMCC"), the trading name of SiliconGlen.com Ltd. offers a platform on the Internet whereby you (the "Advertiser") can provide us with advertisement messages ("Messages") to be published via our Twitter Account (the "Account") on the micro-blogging service "Twitter", as well as having specific adverts ("Advertisements") for your product and/or service on our advertisement website, www.endmycreditcrunch.com ("The Site"), which can be linked to via the Messages published. These Messages are published from our Twitter account to all the subscribers to our Account (the "Follower(s)").

Within these Terms and Conditions, references to 'EMCC' and to 'We', 'our', 'us' and 'the Team' mean 'End My Credit Crunch' or anyone acting on behalf of End My Credit Crunch.

References to 'the Advertiser' and to 'You', 'Your(s)' 'His' and 'Her' mean any individual or company agreeing to use Services from EMCC or anyone acting for or on behalf of any such Advertiser. For the purpose of this Agreement, 'Services' means:

  1. the provision of advertising space on the Site by Us to You
  2. the sending of Your Messages by Us to Our Followers at pre determined intervals

for a pre determined monthly Fee (the "Fee") and pre determined period of time (the "Period").

Your purchase of our Services will be your "Booking" and we will confirm that we will provide our Service with a Booking Confirmation (the "Confirmation").

The Messages are displayed along with regular updates of our service, information, as well as other Messages from differing Advertisers. The Advertisements are also placed on the Site along with Advertisements from differing Advertisers, which may be your competitor.

The Advertiser will only be charged for the subscription to a monthly Advertisement on the Site in accordance with these Terms and Conditions.

TWITTER IS A TRADEMARK OF TWITTER INC.

EXPLICIT NOTIFICATION IS HEREBY MADE THAT EMCC IS NEITHER AFFILIATED WITH TWITTER INC. NOR WITH ANY OF THEIR PRODUCTS.

1. Participation

1.1 By registering with EMCC as an Advertiser you agree to accept all current Terms and Conditions. The Advertiser affirms to be over 18 years of age, and fully able and competent to enter into the terms and conditions of this agreement. Additionally, the Advertiser must have an account with PayPal or have the means to transfer funds by bank transfer.

1.2 After registration, the Advertiser can define one or more advertising campaign ("Campaign(s)"). Each Campaign comprises the Message, which is the text message to be published of maximum 140 characters in length, coupled with the art work for the Advertisement to be placed on the Site.

1.3 Once a Campaign is set up and approved by employees of EMCC, the Advertiser's Advertisement is placed on the Site in the predetermined allocation and a series of Messages sent to the Followers for the Period.

2. Obligations of the Advertiser

2.1 The Advertiser accepts and acknowledges that We provide all Services subject to availability.

2.2 Given the specialised and individual nature of the Services provided, You must inform Us if You no longer require our Services as soon as possible by contacting us by e-mail. If we have agreed to supply our Services for a fee, you may cancel your Booking but a cancellation fee will be administered of 50% of the value of the Booking's Fee plus tax. Refunds will only be given in exceptional circumstances and are entirely at our discretion.

2.3 The Advertiser undertakes to fully satisfy itself in relation to the use of our Services before placing Your Booking. You acknowledge that any decision to use the Service is Your own and You accept that EMCC will be in no way liable for Your decision to use the Services should this prove to be detrimental in any way.

2.4 EMCC reserves the right (in its absolute discretion) to omit, suspend or exclude an advertisement at any time; any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If EMCC exercises its rights under this paragraph at any time, EMCC shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.

2.5 The Advertiser's decision to rely on the Service is entirely His own risk and responsibility and, whilst We will do everything We can to deliver the Service to You in accordance with the Booking, the Service may be affected by factors beyond our control and cannot be guaranteed. In particular, We will accept no liability should any delay in publishing or failure to publish the Advertisement and/or Message result in any loss, damage or inconvenience to you whatsoever.

2.6 No guarantee is given or may be implied that use by You of the Service will result in an increase in traffic to your website or an increase in revenue, turnover and/or profits and the Advertiser warrants that in no way will EMCC be held liable should use of the Service not have the desired effect

2.7 Under no circumstances shall the liability of EMCC for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.

2.8 The Advertiser warrants that the content of the Advertisements do NOT:

2.8.1 contain discriminations or defamations regarding race, gender, religion, nationality, disability, sexual preference or age

2.8.2 comprise messages which glorify violence or contain sexually explicit or pornographic statements

2.8.3 infringe copyright, trademark or other third party intellectual property rights

2.8.4 compromise EMCC's reputation, brand or business

2.9 The Advertiser warrants to provide correct and complete data at registration. Should any of this data change at a later point, the Advertiser is obliged to update his/her data in writing (e-mail, letter, fax) to EMCC.

2.10 The Advertiser is obliged to submit the VAT identification number and any other company details on request to facilitate EMCC in completing the registration process.

2.11 The Advertiser will not hold EMCC liable for any delay in processing the registration of a Booking and subsequent delay in the publishing of Messages and/or Advertisements.

3. Obligations of EMCC

3.1 EMCC undertakes to use all reasonable endeavours to ensure that your Message and Advertisement is published in accordance with your Booking.

3.2 EMCC will try to place an advertisement on the Site in an agreed position however EMCC reserves the right to make the final decision as to the position of the Advertisement, which is subject to change at any time throughout the Period and is at our discretion.

3.3 We undertake not to disclose details of your Booking to any third party unless necessary to do so in order to secure your Booking and if We are required to do so by any government or judicial authority if we, in our sole discretion, believe that such disclosure is necessary or appropriate having regard to any legal proceedings, or investigation into any unlawful activity.

3.4 If, within 24 hours of your Booking Confirmation (excluding British Sundays, bank holidays and public holidays), You are not satisfied that your requirements or the content of your Messages and/or Advertisements detailed in your Booking have been followed, You should contact EMCC, initially by email addressed to complaints@endmycreditcrunch.com , detailing your complaint. If We, in our sole discretion, see fit, We will amend the Messages and/or Advertisement, free of charge, ensuring that it meets your original specifications and/or the Standard as appropriate.

4. Payment

4.1 Payments for the Booking can be made via Paypal to our account paypal@endmycreditcrunch.com Bank transfer can also be made, the details of which will be provided upon successful registration.

4.2 For each Campaign, EMCC and the Advertiser will agree an advertising monthly Fee for the Services. The Advertiser must ensure that funds are cleared in EMCC's PayPal or Bank Account before the Campaign(s) is considered for publishing.

4.3 The Advertiser can check the status of the Campaign(s) by visiting the Site and being a Follower of the Account, where any Message can be seen and followed.

5. Termination

5.1 This agreement is concluded for an indefinite term. Both parties may terminate the agreement at any time in text form (e-mail, letter, fax). Additionally, the Advertiser may terminate this agreement by notifying EMCC in writing. EMCC further reserves the right to terminate the Advertiser's Campaign with immediate effect, with or without cause and with or without notice. Any refund of Fees will be at the sole discretion of EMCC.

6. Liability

6.1 EMCC shall use reasonable endeavors to ensure continuous provision of the Site to Advertisers. However, EMCC will make no warranty that the availability of the Site will be without interruption or delay and that the provided information thereon is error-free.

6.2 In case of malfunctioning of the Site, our inability to access our Twitter account or unavailability of the Internet, EMCC shall not be held liable for any damages in respect of consequential losses such as loss of profits or others.

6.3 EMCC makes no warranty or representation in respect of the number of Followers that may subscribe to the Account. Further, EMCC makes no guarantee that it will not provide the Service to the Advertiser's competitors.

6.4 Under no circumstances shall EMCC have any liability either in contract or in tort for any consequential or indirect loss or damage suffered or incurred by the Advertiser, including (without limitation) loss of profit or damage to reputation or goodwill.

7. Indemnification

7.1 The Advertiser agrees to indemnify and hold harmless EMCC from and against any claims, demands, liabilities, damages and losses, arising out of or relating to, the Advertiser's violation of any law or regulation, or the Advertiser's breach of these Terms and Conditions.

8. Data Protection

8.1 EMCC is very concerned with protecting the Advertiser's privacy. Reasonable measures are undertaken to prevent unauthorized access to any personal information.

8.2 The Advertiser entitles EMCC to store all personal information submitted by the Advertiser and use the data as is necessary in order to fulfill the Service

9. Modification of the Terms and Conditions

9.1 EMCC reserves the right to amend these Terms and Conditions at any time. The Advertiser will be informed by e-mail about the modified conditions at least 7 days prior to the effective date. The Advertiser's continued use of the Site after the amendments have become effective is deemed acceptance of the changes by the Advertiser.

10. Final Provisions

10.1 If any part of these Terms and Conditions is held invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions. Such invalid provision will be replaced with a valid and enforceable provision that achieves the economic, business and other purposes of such invalid or unenforceable provision the closest possible.

10.2 The Advertiser agrees that any rights and obligations under these Terms and Conditions may not be transferred, assigned, licensed or otherwise alienated unless permitted expressively and in written form (e-mail, letter, fax) by EMCC.

10.3 These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with English law and the Advertiser submits to the non-exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection therewith.

11. Force Majeure

11.1 Whilst We will use our reasonable endeavours to complete our obligations under this Agreement, We will not be liable to You or be deemed to be in breach of this Agreement if We need to cancel this Agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures or other causes beyond our control.

Terms and Conditions

© Copyright EndMyCreditCrunch.com 2009