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Introduction
These terms govern the agreement between Malgré Tout Media (hereafter referred to as "the Company") and the Client for the sale of media campaigns, including banner ads, articles, and other content.
Services Provided
The Company provides media services, including the placement of banner ads, articles, and general content creation and distribution across our platforms.
Payment Terms
All campaigns must be prepaid. An invoice will be sent upon booking confirmation, and the Client must settle it within 8 days. The campaign will not start until payment is received.
Campaign Deadlines & Content Submission
A start date for the campaign will be agreed upon in advance. The Client must provide all necessary content by the agreed deadline. If the Client fails to provide content or goes unresponsive, the campaign will proceed with whatever content has been provided, and the Client will still be invoiced
Liability for Incorrect or Incomplete Content
If incomplete or incorrect content is provided by the Client, the Company will proceed with the campaign using the materials at hand. The Company is not liable for delays or additional work caused by incorrect content submissions, and the campaign's performance is not guaranteed.
Client Responsibilities
The Client is responsible for ensuring that they hold the necessary intellectual property rights for any content submitted to the Company. In case of any legal disputes regarding intellectual property, the liability rests entirely on the Client.
Limitation of Liability
The Company cannot be held liable for the performance or outcome of any campaign. This includes, but is not limited to, click-through rates, engagement metrics, conversions, or any specific results anticipated by the Client. The Company provides the agreed media placement or content services, but the effectiveness or success of a campaign is not guaranteed. Furthermore, the Company is not required to provide any compensation, adjustments, or repeat campaigns in case of poor performance or errors arising from the Client’s submissions of incorrect or incomplete content.
Cancellation Policy
Once a campaign is confirmed by the Client, either through explicit confirmation or lack of response after the confirmation is sent, the Client has 7 days from the date of the confirmation to cancel the campaign without penalty. If no cancellation is made within this 7-day period, the Client is bound to the agreement, and failure to respond will be treated as acceptance of the campaign.
Dispute Resolution
All disputes will be handled in the court of Holbæk, Denmark.
Force Majeure
The Company will not be held liable for any delays or failures in performance resulting from events outside the Company's control, such as natural disasters, strikes, or governmental actions.
Promotional Material Guidelines
The Client is required to submit all promotional material in the correct size and file format as instructed by the Company's representative. If the Client fails to comply and the Company is required to modify the materials, the Client will be invoiced for the time spent, at a rate of 750 DKK per hour.
Intellectual Property
It is the Client's responsibility to ensure that all submitted content, including images and text, is legally compliant and does not infringe on third-party rights. The Company will not be held liable for any legal disputes arising from the misuse of intellectual property.
Data Protection & Confidentiality
Both parties agree to comply with the EU GDPR and all relevant data protection laws and standards.
Updates to Terms
The Company reserves the right to update these terms at any time. The latest version of the terms will be available on the Company's website, and it is the Client's responsibility to review them regularly.