L

Legal

King Media Limited

GENERAL TERMS AND CONDITIONS OF CONTRACT FOR NATIONAL AND REGIONAL SALES

With effect from 6 May 2014

90 Westbourne Grove
London
W2 5RT
Tel: 0207 692 4862

 

General Terms and Conditions of Contract

1. Definitions

a) ‘Advertiser’ means any person firm or company who acting as a Principal gives an Order.

b) ‘Advertising Agency’ means any person firm company or outdoor specialist recognised as an Advertising Agency by the Contractor and who acting as a Principal gives an order.

c) ‘Advertisement Copy’ means posters and any other advertising material intended for display by the Contractor in any format including without limitation electrical format and physical copy.

d) ‘Agent’ means any person firm or company appointed by a Principal to administer an Order.

e) ‘Contractor’ means King OOH Limited who accept an Order and shall include King OOH Limited’s successor in title and assigns.

f) ‘Half Month’ means 14 days.

g) ‘In Charge Date’ means the date from which the display shall commence as specified in the Order.

h) ‘Month’ means 28 days.

i) ‘Order’ means an order which incorporates these General Terms and Conditions of Contract given by an Advertiser or an Advertising agency to and accepted by the Contractor for the display of Advertisement Copy.

j) ‘Principal’ means any Advertiser or Advertising Agency and shall include their successor in title and assigns who gives an order as the Principal to the Contractor and as such is liable for payment for display of Advertisement Copy.

k) ‘Working Day’ means from Monday to Friday inclusive except any Bank or Public Holiday.

2. Acceptance of Terms and Conditions

a) These Terms and Conditions shall be deemed to be incorporated in contracts arising from orders for the display of Advertisement Copy accepted by the Contractor.

b) The Principal shall be ultimately responsible for the payment of accounts and shall be deemed to have full authority in all matters connected with the placing of Orders and the approval or amendment of Advertisement Copy. Any person, firm or company other than an Advertiser or an Advertising Agency recognised by the Contractor giving an Order for and on behalf of a client shall not be deemed to contract as a Principal but shall be regarded for all purposes as an Agent for a disclosed Principal unless such person firm or company is accepted as a Principal by the Contractor, for example in the case of a barter company.

c) No Terms and Conditions other than these Terms and Conditions or any variation thereof under Clause 10 shall be binding on the Contractor unless in writing but nothing in these Terms and Conditions shall preclude the Contractor or Principal from varying any of such Terms and Conditions if they mutually agree to do so.

d) All Orders shall specify the name of the Principal otherwise the Order shall be deemed to have been rejected by the Contractor and this rejection confirmed to the buyer. An Order may be confirmed by the Contractor by an order confirmation form which in the case of line by line bookings shall include details of individual sites booked. Where order confirmation forms are issued they shall be sent to the recognised office of the Principal’s Agent or to the recognised office of the Principal if no Agent has been appointed.

e) Delivery of Advertisement Copy shall not be deemed to have been made until the delivery requirements specified in Clause 3 below have been met and the relevant posting instructions have been given to and received by the Contractor.

3. Acceptance and Display of Advertisements

a) All Advertising Copy (unless otherwise agreed in writing between the Contractor and Principal) shall be delivered carriage paid at the posting depot address or addresses specified by the Contractor not less than 5 working days before the first posting date or In Charge Date whichever is the earlier or the date for the change of display as the case may be.

b) In the event of the Advertising Copy being delivered after the aforesaid  5 working days then if the Principal so requests in writing and agrees to pay a special posting charge the Advertising Copy shall be posted within 3 working days after the delivery of the Advertising Copy but otherwise the Advertising Copy shall be posted normally within 5 working days after the delivery of the Advertising Copy.

c) In the case of ‘production inclusive’ orders, where the Contractor is responsible for poster production; artwork must be delivered an agreed number of days prior to commencement of the campaign: as stipulated by the Contractor in writing but ordinarily 14 days. The Contractor must also be in receipt of comprehensive posting instructions, no later than the date of receipt of Advertising Copy.

d) Designs for painted displays shall be delivered by a date to be agreed between the Contractor and the Principal.

e) The Contractor shall be supplied with adequate posters to complete the initial display plus an additional amount so as to enable the Contractor to maintain the display in a good condition. This additional number of posters shall be ordinarily 10% of the total number of posters or such other number of posters as agreed between the Contractor and Principal in writing.

f) All posters shall be printed on good quality paper of a minimum weight of 105g/m2 and the weight of the paper shall be printed on a lap edge of each poster.

g) A part delivery of the posters shall be deemed to be no delivery for the purposes of this clause.

h) Subject to the above all campaigns shall be posted between 3 working days prior to the in-charge date and during the 3 working days afterwards or alternatively as specified by the Contractors’ posting calendars as issued. In all cases the full display period (in days, weeks, fortnights, half months or months) as specified in the Order shall be deemed to be the period of contract. Removal of Advertisement copy in monthly/four weekly campaigns shall take place during the 3 working days prior to and the 3 working days after the date fixed for the completion of the display. For shorter display periods removal shall take place during the 3 working days after the completion date.

i) All rates include the maintenance of the display in good condition provided the Contractor has been supplied with replacement posters in accordance with this clause 3 or which may have been requested by the Contractor.

j) All rates for orders in excess of a Month shall include (subject to Clause 3 k) a change of posters or slipping once a Month if required. All changes of posters or slipping requested at more frequent intervals than once a Month or which are required within a shorter time than 6 working days will be charged for. Where blanking prior to posting is requested an additional cost for paper supplied by the Contractor and posting will be charged.

k) When the Principal is entitled to a change of posters without separate charge and stipulates a date upon which such change should be commenced and the Contractor shall complete such change within 3 working days from the stipulated date provided he has received the posters in accordance with the above.

l) Where the Principal requires a change of posters in respect of which a separate charge is to be made, the Contractor shall complete such change within 3 working days after the stipulated date provided he has received the posters in accordance with the above. Unless otherwise agreed by the Principal the Contractor shall not commence such change before the stipulated date.

m) In the case of pre-selected campaigns of more than 50 panels the Contractor reserves the right without liability to substitute sites for other sites of a similar quality in the same town provided that notice has been given by the Contractor prior to the in-charge date. The Principal has the right to cancel individual sites if he does not approve of the proposed substitutes.

n) In the case of line by line orders if any site is unavailable such site may be substituted by prior agreement between both parties, or cancelled.

4. Till Countermanded Orders

a) These orders may be accepted for a minimum period or 9 consecutive months thereafter cancellable as provided in Clause 5 b) below. Additional sites may be added to till countermanded orders at the rates then prevailing up to 20% of the value of the Order, provided that such sites shall only be cancellable so as to come out of charge at the same date as the original Order.

b) Subject to Clause 7 d) below the Contractor reserves the right to change his advertisement rates and any of these Terms and Conditions at two months written notice. In the event of a change in advertisement rates or any material change in these conditions the Principal shall by serving written notice on the Contractor within one month of the date of the Contractor’s notice of such change be entitled to cancel any order for any advertisement to which the changed rates or Terms and Conditions would otherwise be applicable. The notice of change in rate, so far as it concerns a contract covering a number of individual rated sites, shall contain details of the change in respect of each and every site covered by that contract.

5. Cancellation

a) The Contractor will not accept any cancellations for Orders in October, November and December. The Principal will be liable for full payment for orders in these months.

b) Subject to Clause 5c) below and Clause 5a) above all orders and subsequent contracts may be cancelled by either party by 3 months written notice given at any time. In the event of notice being given after the start of the 3rd month before the In Charge Date the contract shall then be cancellable at corresponding monthly intervals. In all cases where the 3 months notice is given by the Principal after the start of the 3rd month before the In Charge Date the Principal shall pay the rate applicable to the period of display. Provided always that in the event of a Principal giving notice to cancel a display out of time the Contractor will accept such a notice on payment of the following percentages of the total gross contract price, namely:

15 % if less than 90 days but 75 or more days notice is given 30% if less than 75 days but 60 or more days notice is given 40% if less than 60 days but 45 or more days notice is given 70% if less than 45 days but 30 or more days notice is given 90% if less than 30 days notice is given

c) Till countermanded orders may be cancelled by either party by 3 months written notice given at any time after the end of the initial 9 months period referred to in Clause 4 above.

d) In all circumstances and on all occasions where Orders have been cancelled for whatever reason the Contractor reserves the right in its sole discretion to resell the advertising space for Advertising Copy to any Principal without preference to any party.

6. Accounts

a) Invoices shall be sent to the Principal where no Agent has been appointed by the Principal. Where an Agent has been appointed by the Principal invoices shall be sent to the Agent. The invoices shall state the name of the Principal sent care of the Agents address. The Principal may be sent a monthly statement of account from the Contractor.

b) Invoices for panels displayed are raised in four weekly blocks there are 52 weeks in the year so therefore there are 13 invoice runs during the year for an annual contract or any year in a contract period. Generally invoices for the King OOH business are raised in advance and for the billboard business in arrears. Invoicing for other business areas may vary and shall be notified to the Principal at the applicable time. If a campaign is longer than a 4 week period, individual invoices for each 4 week period of the campaign will be raised until the campaign end and if applicable the final invoice amount will be pro rata to account for potential shorter periods than 4 weeks.

c) Settlements for invoices rendered are 30 days from the date of the invoice except where otherwise agreed in writing between the Contractor and the Principal. In respect of any amount not received by the Contractor by the due date, the Contractor shall inform the Principal that the Contractor has the right to levy a surcharge on the outstanding amount, such surcharges being levied monthly until the outstanding amount is paid with the Principal ultimately liable for payment.

d) The Contractor shall have the right to cancel any Order for display for more than a Month in respect of which payment is overdue after the 7th working day of the second Month following the display subject to provision of due notice to the Principal and cancellation charges as per Clause 5 will apply.

e) In the event of failure to comply with any of the provisions of this Clause the Contractor reserves the right by notice in writing to require any future accounts to be dealt with in accordance with Clause 6 g) below.

f) Where so stipulated by the Contractor at the time of accepting an Order accounts shall be paid not later than 10 working days before the In Charge Date. In default of payment the Contractor shall be entitled without prejudice to its other remedies for breach of contract to refuse to display the Advertisement Copy provided that due notice has been given to the Principal.

g) In the event of any part of an account rendered by a contractor being disputed by the Principal payment in respect of that part only may be withheld pending settlement of the dispute. The remainder of the account shall be paid in accordance with Clause 6 c) to e) inclusive above. Failure to make part payment in such cases will at the Contractor¹s discretion cause the implementation of Clause 6 c) and/or d).

7. Warranties, Liability and Indemnity

a) The Contractor accepts full responsibility for compliance with statutory and other legal requirements so far as concerns the use and maintenance of any site for the display of Advertisement Copy to which a contract relates.

b) The Principal warrants and undertakes that:

1. all his Advertisement Copy will comply with all statutory and other legal requirements and provisions of the British Code of Advertising Practice.

2. he will be responsible for obtaining and paying for all necessary licences and consents for the posting of any advertising or copyright material contained in his Advertisement Copy or the appearance of any person in his Advertisement Copy.

3. no Advertisement Copy will breach the copyright or other rights or be defamatory of any third party.

4. he will keep the Contractor indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities arising from any breach of the above warranties or in any manner whatsoever in consequence of the use of any Advertisement Copy or matter supplied by or displayed for the Advertiser.

c) The Contractor shall have the right to see details of Advertisement Copy prior to commitment of display and of refusing to display or continuing to display any advertisement copy for any reason including Advertisement Copy:

1. which does not comply in all respects with the Principal’s warranties and undertakings detailed above, or

2. which differs in any material respect from the Advertisement Copy specified in the Order at the time of booking or subsequently changed without the approval of the Contractor. If the Principal applies to the Contractor for approval for change, such approval shall not be unreasonably withheld and no claim on the part of the Principal for damages for breach of contract shall arise and the sites reserved shall be paid for in full notwithstanding that the posters have not been displayed.

d) The Contractor shall have no liability whatsoever in respect of Advertising Copy which is not displayed or is removed during the In Charge period in the event that the Advertising Copy is in breach of the Principal’s warranties and indemnities as set out in clause 7b). If provided with replacement and compliant Advertising Copy which is not in breach of the above, the Contractor will use its reasonable endeavours to replace the Advertising Copy within a reasonable period of time. If no such replacement Advertising Copy is provided the Contractor reserves the right in its sole discretion to resell the advertising space for Advertising Copy to any Principal without preference to any party but always in accordance with any contractual restrictions or obligations placed on or affecting the Contractor’s ability to resell the advertising space. For the avoidance of doubt, the Principal shall be responsible to pay the total gross contract price for the full advertising campaign period irrespective of whether or not Advertising Copy is displayed for the full advertising campaign period.

e) The due performance of any order is subject to suspension variation or cancellation by the Contractor owing to Acts of God, strikes, lock-outs, inclement weather, legal restrictions, or the accidental loss of any sites which were included in the Order. In the event of suspension variation or cancellation for any of the foregoing reasons or for any other reason beyond the Contractor’s control the Contractor shall be entitled to be paid by the Principal the full rate for the sites in question up until the time at which any such suspension, variation or cancellation occurs together with any other monies due and owing by the Principal to the Contractor.

f) If the Contractor shall be liable for the non-display or damaged or incorrect display of any Advertisement Copy due to the Contractor’s negligence or direct actions, the Contractor’s liability shall not exceed the charge for display of that Advertisement Copy for the period or non-display or damaged or incorrect display and the Principal shall use reasonable endeavours to mitigate such loss.

g) In the event of any electricity supply failure or restrictions which prevent the illumination of all or any sites included in an order the Contractor shall be liable only to refund the extra rental if any charge is made for such illumination, this charge acknowledged to be a 30% premium over unlit sites. The Contractor shall not be liable to give credit in respect of non-illumination of the display if the defect is remedied within 2 working days of notification. In the event of any site becoming totally ineffective as a result of an electricity supply failure the Contractor shall be liable to refund the pro rata price/rate charged for the display and shall not be liable to pay any damages, costs or expenses to the Advertiser as a result thereof.

h) Any posters or other advertising materials in the Contractor’s possession which are surplus to requirements or which have been removed from display will be retained for not more than 10 days after the end of the display and may then be destroyed unless the Advertiser has given notice in writing that they are to be held for collection.

8. Credit Claims for Damaged, Incorrect or Non-Display

a) The Contractor shall not be liable for credit if the Advertisement Copy or artwork has not been delivered in accordance with the conditions outlined in 3 a) and 3 c).

The Contractor shall not be liable to give credit in respect of any damage to any Advertisement Copy or the incorrect or non-display of any Advertisement Copy if the defect is remedied within 3 working days after receipt of notification and provided the Contractor has sufficient replacement posters in stock to remedy the defects or has notified the Principal or Agent if one is appointed of any shortfall in supply.

b) All claims for credit shall be submitted to the Contractor in writing within 21 days following the end of the period of display with sufficient information to enable the Contractor to consider the claim. The Contractor shall not be required to consider any claim submitted after the due date. The Contractor will only consider a credit claim if it has been notified of a fault in accordance with clause 8 f).

c) If a Contractor has 50 or less static panels or 25 or less multi-faced display units (normally 75 faces) booked for, or as part of, a campaign then any agreed credits will be paid on a one for one basis.

d) At the individual panel level credit will be given for each panel day’s loss of display. A one week campaign will be credited as one seventh of the gross cost of each panel per day lost. A two week or Half Month campaign will be credited as one fourteenth for each day lost. A four week or a Month campaign will be credited as one twenty eighth of each day lost.

e) The Contractor shall not be liable to give credit in respect of faulty moving displays if the defect is remedied within 2 working days after receipt of notification in accordance with clause 8 f).

f) The Contractor shall only be deemed to have been notified of a fault if either:

1. notification has been received either in writing or by email to a relevant Contractor employee or to the Contractor’s 24 hour call centre by text or by telephone call; or

2. the fault has appeared on the website of the site inspection companies authorised by the Contractor in sufficient time for action to be taken during the remaining period of the campaign.

9. Bankruptcy etc.

If the Principal shall become bankrupt or commit an act of bankruptcy or make any assignment for the benefit of his creditors or being a company shall become insolvent or commit any act of insolvency or if any Petition for the winding up or administration of the company is presented or if any other step is taken for the purposes of the appointment of an administrator or an administrative receiver of the company or if any steps are taken or negotiations commenced by the company or by any of its creditors with a view to proposing any kind of composition, compromise or arrangement involving the company and its creditors or if there shall be any breach by the Principal of any other term or condition of this contract then it shall be lawful for the Contractor by notice in writing to the Principal to terminate the contract forthwith without prejudice to any right of action or remedy of the Contractor then subsisting.

10. Notices

Any notice to be given under these Terms and Conditions shall be in writing unless the parties mutually agree otherwise and shall be deemed to be effectively served if sent by first class registered post to the Principal and to the Agent where an Agent has been appointed by the Principal at their respective addresses and to the Contractor at the address stated on the acceptance of the order or in the case of a company at its registered office but the modes of service herein provided shall not be obligatory.

11. Commissions

The Principal confirms that it is satisfied that all parties that it deals with (including advertisers with whom it deals directly) in the outdoor advertising market are aware of the fee and rebate arrangements which operate in that market.

12. Anti-Corruption

The Principal shall comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Foreign Corrupt Practices Act of 1977 and Bribery Act 2010 (“Relevant Requirements”. At any time when requested by the Contractor, a director of the Principal (or the Principal if the Principal is not a company) shall certify in writing that the Principal is and has at all times been in compliance with all Relevant Requirements. The Contractor may cancel an Order or terminate an agreement with the Principal immediately by giving written notice to the Principal if the Principal is, or the Contractor reasonably suspects that the Principal is, in breach of this clause.

13. Jurisdiction

These Terms and Conditions shall be governed by English Law and the parties submit to the exclusive jurisdiction of the Courts of England.

 

Website Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What’s in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Who we are and how to contact us

www.maximusmaximise.com is a site operated by King Media Limited (trading as Maximus Maximise (“We” or “Maximus Maximise”). We are registered in England and Wales under company number 05224186.
We are a private limited company.
To contact us, please email hello@maximusmaximise.com

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our terms and conditions as to website use also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our site  only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standard (as set out below).

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use terms and conditions.

• Not to access without authority, interfere with, damage or disrupt:

• any part of our site;

• any equipment or network on which our site is stored or which is used to provide the WiFi service;

• any software used in the provision of our site ; or

• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

(interactive services.)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Maximus Maximise will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).

• Be genuinely held (where it states opinions).

• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.

• Be obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be in contempt of court.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person.

• Give the impression that the Contribution emanates from Maximus Maximise, if this is not the case.

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

• Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site , and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site .

• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site .

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Terms and Conditions as to Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR WIFI SERVICE

 

These terms tell you the rules for using our website.

(www.maximusmaximise.com)

1- Company and contact details

www.maximusmaximise.com is a website site (the Site) operated by King Media Limited (trading as Maximus Maximise) (we or us).
We are registered in England and Wales under company number 05224186.
Our contact address is at 90 Westbourne Grove, London, W2 5 RT
We are a private limited company.

To contact us, please email hello@maximusmaximise.com
Telephone +44(0) 207 692 4862

Please note that King Media Limited (even though it trades under the business name “Maximus” or “Maximus Maximise”) is a separate legal entity to Maximus Networks Limited.

2- Acceptance of terms

2.1 – By entering, accessing or using our site , you confirm that you accept these terms and conditions of use and that you agree to comply with them.

2.2 – If you do not agree to these terms, you must not use our site .

2.3 – We recommend that you print out and retain a copy of these terms for future reference.

3 – Other applicable terms and conditions and policies

3.1 – The following policies (links to which are at the bottom of our home page) will also be applicable to your use of our site :

• our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site , you consent to such processing and you warrant that all data provided by you is accurate.

• our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site . When using our site , you must comply with this Acceptable Use Policy.

• our Cookie Policy, which sets out information about the cookies used on our Site.

4 – Amendments to these terms

4.1 – We may amend these terms from time to time. Every time you wish to use our site , please check these terms to ensure you understand the terms that apply at that time.

4.2 – We may update and change our Site from time to time to reflect changes to our services, our users’ needs and our business priorities.

5 – Availability of Site

5.1 – We may suspend or withdraw our Site at any time without notice.

5.2 – Our Site is made available free of charge.

5.3 – We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6 – Use of Site

6.1 – You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they will comply with them.

6.2 – Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available outside the United Kingdom.

6.3 – You must keep your account details safe.

6.4 – If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.5 – We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

6.6 – If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us (see paragraph 1 above).

7 – Use of material on the Site

7.1 – We are the owner of, or the licensee of, or have the right to use all intellectual property rights in our site, and in the content and materials published on it.  Those works are protected by copyright laws and treaties and other intellectual property laws and regulations around the world. All such rights are reserved.

In particular our Site may include photographs, images, illustrations, drawings, designs or other descriptions or materials relating to the infrastructure which we are developing or have developed and that these materials are or will be protected by patent, trademark, copyright, registered design and other intellectual property laws and registrations and applications.

7.2 – You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content and materials posted on our site.

7.3 – You must not modify the paper or digital copies of any content or materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 – Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged and honoured.

7.5 – You must not use any part of the content or materials on our site for commercial purposes without obtaining a licence to do so from us.

7.6 – If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the content or materials you have made.

8 – Liability for Site and Site content

8.1 – The content and materials on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content or materials on our site.

8.2 – Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content or materials on our site is accurate, complete or up to date.

8.3 – Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

8.4 – Our Site may include information and materials uploaded by other users of the Site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

8.5 – If you wish to complain about information and materials uploaded by other users please contact us (see paragraph 1 above).

9 – Limitation of liability

Our responsibility for loss or damage suffered by you is as follows:

9.1 – If you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in the contract ot terms which apply to such supply of services.

9.2 – If you are a business user:

• we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

• we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our Site; or

(b) use of or reliance on any content or materials displayed on our site.

• in particular, we will not be liable for:

(i) loss of profits, sales, business, or revenue;

(ii) business interruption;

(iii) loss of anticipated savings;

(iv) loss of business opportunity, goodwill or reputation; or

(v) any indirect or consequential loss or damage.

9.3 – If you are a consumer user:

Please note that we only provide our Site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10 – Uploading content to our Site

10.1 – Whenever you make use of a feature that allows you to upload content or materials to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.

10.2 – You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

10.3 – Any content or materials you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.

10.4 – We also have the right to disclose your identity to any third party who is claiming that any content or materials posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.5 – We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

10.6 – You are solely responsible for securing and backing up your content.

11 – Liability for viruses etc

11.1 – We are not responsible for viruses and you must not introduce them onto the Site.

11.2 – We do not guarantee that our Site will be secure or free from bugs or viruses.

11.3 – You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.

11.4 – You must not misuse our Site by knowingly introducing viruses, trojans, or other material that is malicious or technologically harmful.

11.5 – You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

11.6 – You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

12 – Rules about linking to our Site

You must not establish a link to the Site without our express written prior approval.

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site.

We reserve the right to withdraw linking permission (if given as above) without notice.

If we permit any linking of the Site to your website you must comply in all respects with the content standards set out in our Acceptable Use Policy.

12.1 – If you wish to link to or make any use of content on our Site, please contact us (see paragraph 1).

13 – Applicable laws

13.1 – If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

13.2 – If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14 – Use of marks

Maximus Maximise is a registered trademark owned by us.

You are not permitted to use this mark or any other registered or unregistered mark used by us hem without our approval.

 

PRIVACY NOTICE

Introduction

Welcome to the privacy notice of King Media Limited trading as Maximus Maximise (Maximus Maximise).

Maximus respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or use our WiFi service or otherwise acquire your personal data and tell you about your privacy rights and how the law protects you.

1- Important information and who we are

 

Purpose of this privacy notice

This privacy notice aims to give you information on how Maximus Maximise collects and processes your personal data through your use of this website (www.maximus-networks.com), including any data you may provide through this website or in any other form of communication (including by email or by mobile phone texts or applications or through social media).

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

 

Controller

King Media Limited is the controller and responsible for your personal data (“we”, “us” or “our” in this privacy notice).

King Media Limited is associated with other companies (including King Media Management Limited, Maximus Networks Limited and any holding company or subsidiary company or subsidiary company of any holding company of King Media Limited Maximus and any company which has the same direct or indirect majority shareholder ownership) (together the Group).

Please note that King Media Limited (even though it trades under the business name “Maximus” or “Maximus Maximise”) is a separate legal entity to Maximus Networks Limited.

This privacy notice is issued on behalf of the Group so when we mention “Maximus Maximise”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Group responsible for processing your data.

 

Contact details

Our full details are:

Full name of legal entity: King Media Limited

Email address: hello@maximusmaximise.com

Postal address: 90 Westbourne Grove, London, W2 5RT

Telephone number: +44(0) 207 692 4862

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

 

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2- The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Dataincludes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Dataincludes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Dataincludes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Dataincludes information about how you use our website, products and services.
  • Marketing and Communications Dataincludes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3- How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions.You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

– apply for our products or services;

– create an account on our website;

– subscribe to our service or publications;

– request marketing to be sent to you;

– enter a competition, promotion or survey; or

– give us some feedback.

• Automated technologies or interactions.As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy aboutcookies.org for further details.

• Third parties or publicly available sources.We may receive personal data about you from various third parties and public sources (who may be based inside or outside the EU) as set out below:

• Technical Data from the following parties:

  1. analytics providers such as Google;
  2. advertising networks; and
  3. search information providers.

• Contact, Financial and Transaction Datafrom providers of technical, payment and delivery services.

• Identity and Contact Datafrom data brokers.

• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.

4- How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Group for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

 

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see www.aboutcookies.org

 

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5- Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the [Glossary].

• External Third Parties as set out in the [Glossary].

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6- International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

7- Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8- Data retention

 

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available by contacting us.

In some circumstances you can ask us to delete your data: see paragraph 9 below [Request erasure] below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9- Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10- Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Internal Third Parties

Other companies in the Group.

External Third Parties

• Service providers who provide IT and system administration services.

• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

• HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.