Advertising Terms and Conditions
Please review following Terms and Conditions carefully before accepting.
IndiaAsha is 501 ( c ) 3 non-profit organization that is active in the field of healthcare, education and civic duties. IndiaAsha including, but not limited to, advertiser and organizations providing advertising to purchase advertising and/or advertising space hereby agree that the following terms and conditions shall govern the purchase and sale of advertising space by IndiaAsha on its website (http://www.indiaasha.org/) :
- Organization: Means the company, business entity or any other organization having legitimate business and in good standing with governmental regulatory compliance
- Authorized Person: Any director, officer, employee of Advertiser signing or otherwise entering into this Agreement represents and warrants that he or she is duly authorized to execute and enter into this Agreement on behalf of Advertiser.
- Advertiser: An Organization. This agreement can be signed by the Authorized Person from the Advertiser. Advertiser is responsible for the financial and legal obligations created by Authorized Person by accepting this Agreement.
- Advertisements: Means the graphic file supplied by ADVERTISER which can be view or selected by a user as a link.
- Website: www.indiaasha.org
- Advertising Space: Means the online space reserved on the website. All advertising positions are at the option of IndiaAsha. In no event will adjustments, reinstatements or refunds be made because of the position and/or section in which an advertisement has been published.
- Start Date: Means the first date advertisement start appearing randomly in designated space on website. This date is typically one working day after Advertiser pays for such advertisement and submits usable Advertisement to IndiaAsha.
- Advertising Rate: Will be the rate shared with the Advertiser during the purchase of Advertising Space.
- Term; Termination: The term of this Agreement shall commence as of the Effective Date as signed and end on one year from the Effective Date. This Agreement shall extend automatically for a period of one (1) year upon written request from Advertiser to do so prior to termination of current Term.
- Billing: Advertiser will be billed immediately upon signing the advertisement agreement and their advertisement appearing on the website. Advertiser must pay full amount for Advertisement to appear on the website.
- Returned Checks: There will be a $25 charge for any check returned due to insufficient funds or otherwise dishonored by the bank. Returned checks must be replaced with a certified or cashier’s check or by payment made by wire transfer of funds within 48 hours of notification. IndiaAsha reserves the right to withhold further advertising pending receipt of replacement funds.
- Content Liability: The Advertiser assumes liability for all content (including text representation and illustrations) of advertisements published and also assumes responsibility for any claims arising therefrom made against IndiaAsha, including, without limitation, reasonable attorneys’ fee and all other costs associated with defending against such a claim. Advertisers are responsible for checking the accuracy of the proofs they submit to IndiaAsha. The Advertiser must carefully check the entire ad proof, including areas in which changes or corrections were not requested.
- Content Ownership: Advertiser represents and warrants to IndiaAsha that: (i) Advertiser owns or has the appropriate license to use any and all materials provided to IndiaAsha hereunder; (ii) no part of Advertiser’s materials contains or will contain any defamatory or libelous matter, nor will Advertiser’s materials, in any way, infringe upon or violate any copyright, trademark, patent, right of privacy or any other rights (statutory, proprietary or otherwise), or violate the provisions of any law, regulation, ordinance or ruling of any court, government body or agency; (iii) it has full power and authority to enter into and perform under this Agreement (iv) this Agreement t (a) has been and will be duly authorized, executed and delivered by Advertiser and (b) constitute and will constitute valid and binding obligations of Advertiser; (v) performing under this Agreement does not and will not breach, conflict with or constitute a default under any other agreement, arrangement or instrument applicable to Advertiser.
- Right to Refuse: IndiaAsha in its sole discretion, reserves the right to refuse any submitted advertisement for any reason, including, without limitation, subject matter, form, size, wording, illustration, typography, and content.
- Unavailability: If, due to an act of God, war, government regulation, terrorism, disaster, strikes, civil disorder, mechanical or electronic breakdowns or any other emergency of a comparable nature beyond IndiaAsha’s control, if online indiaasha.org website is not available, IndiaAsha will make all possible efforts to make website available as soon as it humanly possible. There will be no refund is provided for the period where portal is not available instead advertisement display will be extended by pro-rated days.
- Claims : Advertiser shall indemnify, defend and hold IndiaAsha and its affiliates and their respective directors, coordinators , officers, employees and other representatives harmless from and against any and all liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees) which IndiaAsha or such indemnities shall incur by reason of any claim, suit, proceeding, investigation or action by any governmental authority or other third party against IndiaAsha or such indemnities based upon, or arising out of, any breach or alleged breach by Advertiser of this Agreement, the contents of any Advertiser’s materials, the manufacture, marketing, use, distribution or purchase of Advertiser’s products, or the negligence or intentional misconduct of Advertiser.
- This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and thereof and (i) shall supersede all prior agreements, arrangements or understandings with respect thereto and (ii) may not be modified by the terms, conditions or provisions of any purchase order or other instructions submitted by Advertiser. This Agreement may not be changed or modified or any provisions therein waived except in a writing signed by both parties.
- Miscellaneous: This Agreement in considered in effect when Authorized Person from Advertiser accepts it online by checking on checkbox and clicks on “submit” button on page titled “Advertise on IndiaAsha Website” on the website. This Agreement constitutes the entire agreement between the parties as to the subject matter hereof. Notwithstanding electronic mail approval of additional prospective clients, this Agreement may only be modified by way of a writing signed by an authorized representative of each party. If any term or provision of this Agreement is deemed invalid, contrary to or prohibited under applicable laws or regulations of any jurisdiction, the remainder of this Agreement shall remain in effect and the relevant term or provision shall be interpreted, if possible, to be consistent with applicable laws or regulations. Nothing in this Agreement shall create any association, partnership or joint venture between the parties hereto, it being understood and agreed that the parties are independent contractors and neither party shall have the power or authority to obligate the other in any way. This Agreement shall be interpreted in accordance with the laws of the Maryland without regard for choice of law’s provisions.
By accepting this agreement, you expressly acknowledge that you have read and understood above Terms and Conditions and you are accepting those.