1. Definitions
“Advertisers”: refers to companies making entries or taking advertising space in Franchise Arabia Online Directory.
“Online Directory”: the website and its contents: www.franarabia.com
“Listings & Entries”: the paid entry relating to consultant firms in the Online Directory.
“Advertisements”: the advertisement, banner advertisement, press release, news, videos or other paid for promotion bearing the Customer Branding which the client wishes to appear in the Online Directory.
“Customer branding”: the branding of the client that may appear in the Advertisement.
“Agreement”: the agreement between Franchise Arabia and the Advertisers on these terms and conditions and any special conditions.
“Copy”: style and layout of firms’ entry details in the Online Directory.
“Duration”: period for which the entry will appear in the Online Directory.
“Charge”: cost payable by Firms for their entry in the Online Directory.
“Unacceptable”: in respect of any entry or advertisement, meaning that it is inaccurate, contravenes any law or code of practice or conduct, infringes on intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Online Directory
2. Agreement
By completing an entry and or booking form into the Online Directory, the Advertiser accepts these terms and authorizes Franchise Arabia to publish clients’ entries in the Online Directory.
3. Obligations of Advertisers/Clients
3.1 To pay price within terms specified on receipt of an invoice from Franchise Arabia.
3.2 To acknowledge that Franchise Arabia retains full editorial control over all advertisements and entries and that Franchise Arabia will own all copyright in the advertisements and entries, save that Franchise Arabia shall not own any customer branding.
3.3 To provide all materials for the advertisements and entries (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by Franchise Arabia from time to time.
4. Obligations of Franchise Arabia
4.1 To use reasonable endeavors to ensure that advertisements and entries feature in the Online Directory for the specified duration.
4.2 To use reasonable endeavors to ensure that the Online Directory is accessible to users of the World Wide Web 24 hours a day, though Franchise Arabia will not be liable if for any reason the site is unavailable at any time or for any period.
4.3 Franchise Arabia does not guarantee any levels of response to advertisements and entries.
5. Rights of Franchise Arabia
5.1 The Advertiser warrants that the advertisement is not unacceptable. If Franchise Arabia at any time considers that any advertisements or entries is unacceptable, Franchise Arabia may remove the advertisement and entry from the Online Directory. In this case Franchise Arabia will not refund any part of the charge to the clients.
5.2 The Advertiser warrants that the branding will not infringe the intellectual property rights of any third party.
5.3 Franchise Arabia reserves the right to change the format, style and layout of the Online Directory as and when it sees fit.
5.4 Franchise Arabia reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.
5.5 Franchise Arabia reserve the right to remove entries from the online directory, if payment is not received within the specified terms.
6. Cancellations
6.1 No refund or credit will be given for cancellations received after an advertisement or entry has appeared. The clients will remain liable for the charge in such circumstances.
7. Liability
7.1 Franchise Arabia shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether Franchise Arabia knew or should have known of the possibility of that loss.
7.2 Franchise Arabia shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of the Online Directory not being accessible to users of the world wide web for any period of time.
7.3 Franchise Arabia 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.
8. Other Conditions
8.1 Any re-submission of the advertisement by the client will be deemed to be a new advertisement for which the client must repay the charge.
8.2 Even if the Advertiser is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.
8.3 The Advertiser shall not assign, transfer or resell its right under this agreement.
8.4 Unless otherwise stated, the positioning of advertisements is to be determined by Franchise Arabia
8.5 Content of entries is the responsibility of Advertisers. Unless stated otherwise Advertisers will be liable for the charge of any incorrect listings in the Online Directory.
8.6 All entries submitted by Advertisers should be made via email. Entries submitted via hard copy will be subject to an administrative charge.
8.7 Franchise Arabia will endeavor to process within 5 working days, although it will not be liable for any delay in processing entries.
8.8 All advertisements and entries will run for a period of 1 year from the date of payment.
9. Governing law
This Agreement shall be governed by and construed in accordance with the UAE law and the parties submit to the non-exclusive jurisdiction of the UAE courts.
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