Terms and Conditions

5. Delivery of the Advertisement

  • 5.1 The Advertiser must make available to MOBSTA, a minimum of three (3) working days (or 10 working days in case of rich media formats) prior to the Start Date:
    • (a) all the advertising materials necessary to enable MOBSTA to publish the Advertisement on the Media Vehicle; and
    • (b) a copy rotation for the Advertisement.
  • 5.2 In the event that the Advertiser fails to provide an Advertisement to MOBSTA within the timescales set out in Clause 5.1, MOBSTA may still, at its discretion use its reasonable endeavours to procure the placement of the Advertisement on the date(s) or during the period and in the manner specified on the Advertising Order but shall be entitled to impose an additional charge on the Advertiser for doing so. Where an Advertisement cannot be placed as planned as a result of such late delivery, MOBSTA shall remain entitled to invoice the Advertiser for the Charges in full.
  • 5.3 MOBSTA shall not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the Start Date as specified in the Advertising Order, where such delay is the result of the Advertiser’s failure to meet its obligations set out in Clause 5.1.
  • 5.4 The Advertiser will ensure that any Advertisement that it delivers to MOBSTA complies with the provisions of this Agreement.

8. Intellectual Property Rights

  • 8.1 The Advertiser agrees that it will obtain no Intellectual Property Rights in the layout, compilation, design, copy and organisation of the Media Vehicle.
  • 8.2 The Advertiser grants to MOBSTA and the Publisher a non-exclusive, worldwide, perpetual, royalty free license to transmit over the internet, use, display, copy, translate, create derivative works in respect of any Intellectual Property Rights embodied in any Advertisement and in any other information provided by the Advertiser to MOBSTA pursuant to this agreement.

10. Right to withdraw Advertisement

  • MOBSTA may withdraw any Advertisement from the Media Vehicle and/or require any Advertisement to be amended if either MOBSTA or the Publisher considers, in its sole discretion, that the Advertisement breaches any of the requirements set out in Clause 9.

14. Termination

Without prejudice to any other rights or remedies MOBSTA may have at law, MOBSTA may terminate this Agreement (or at its election suspend fulfillment of all or any part(s) of any Advertising Order) immediately by giving written notice if:

  • 14.1 the Advertiser fails to pay any amount by its due date;
  • 14.2 the Advertiser breaches any obligations contained in this Agreement and in the case of a remediable breach (which does not include any payment obligation under this Agreement), does not remedy such breach within thirty one seven (317) days of a written notice to do so; or
  • 14.3 the Advertiser (or any entity on whose behalf the Advertiser is buying) is subject to an Insolvency Event.

16. General

  • 16.1 This Agreement is governed by, construed and interpreted in accordance with the laws of England and Wales, and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
  • 16.2 This document is the entire agreement between the Parties and supersedes all other agreements or arrangements, whether written or oral, express or implied (except in the case of fraud). No variations of this agreement are effective unless made in writing signed by both parties or their authorised agents.
  • 16.3 MOBSTA shall be entitled to assign this Agreement to any associated company and to any purchaser of the whole or of the part of its business that has responsibility for this Agreement.
  • 16.4 Failure or delay by MOBSTA in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any of its rights under this Agreement.
  • 16.5 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this Agreement and the remainder of such provision shall continue in full force and effect.
  • 16.6 Where the Advertiser is buying on behalf of any other entity, it acts for the purposes of this Agreement as an agent on behalf of that entity (and not as a principal at law). That entity shall accordingly be considered liable as a Party to this Agreement for all the debts and liabilities of the Advertiser, notwithstanding that the Advertiser shall additionally be liable therefor.]