Terms and Conditions

Before you sign up to our service please read our Terms and Conditions very carefully, if you have any doubts please contact before you sign up.

  1. Definitions
    1. In these Conditions the following definitions apply:
      Address
      your address provided on the Subscription Agreement;
      Agreement
      these terms and conditions and any other documents and any conditions referred to in these terms and conditions, including but not limited to the Subscription Agreement and the Pricing Matrix for the type of service package you have chosen;
      Commencement Date
      the date on the Subscription Agreement;
      Minimum Term
      the minimum term specified in the Subscription Agreement and this will be one, two or three years;
      Premises
      means the address specified in the Subscription Agreement in which the Equipment is to be installed and to which the Subscription Services are to be provided;
      AdGen Equipment
      the equipment specified in the Subscription Agreement including where appropriates any replacement or additional equipment;
      Subscription Agreement
      the subscription agreement for the Subscription Service to be provided by us to your to which these terms and conditions are appended;
      Subscription Service
      the subscription service or services, including where relevant other requirements specified in the Subscription Agreement or as varied in writing with our consent;
      Subscription Payment
      the instalment of the Subscription Price as specified in the Subscription Agreement;
      Termination Fee
      the sum constituting the remainder of the Subscription Price for Minimum Term;
      we/us/our
      AdGen Limited or our successors or assigns;
      Working Days
      means Monday to Friday (excluding all UK public holidays);
      you/your
      the Subscriber identified in the Subscription Agreement
    2. Words in the singular include the plural and in the plural include the singular.
    3. Condition headings do not affect the interpretation of these conditions.
  2. Subscription Payments
    1. You will be charged for the Subscription Service in accordance with the terms set out in the Subscription Agreement.
    2. You must pay the Subscription Payments to us in advance by Direct Debit or standing order or by such other method as we may approve in writing.
    3. If for any reason we have not received the Subscription Payment from you by the due date, and payment is not in dispute, we will be entitled to:
      1. Suspend all or any of the Subscription Service;
      2. charge you interest daily on the unpaid amount at the rate of 25% per annum above the base rate of Barclays Bank from time to time; and
      3. charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any monies owed to us by you.
    4. We may arrange for payment requests to be issued by a third party on our behalf. Payment requests issued by such third party shall be binding on you and payment of such payment requests in full to the third party will be a valid discharge of your liability to pay such payment requests under the Agreement.
    5. After expiry of the Minimum Term the Subscription Payments may change from time to time in accordance with paragraph 9.
  3. Term and Termination
    1. We will provide the Subscription Service to the Premises for the term of the Agreement.
    2. The Agreement shall commence on the Commencement Date and shall continue for the Minimum Term.
    3. You shall have the right to terminate the Agreement following the expiry of the Minimum Term provided that you have given no less than three month’s prior written notice specifying your intention to terminate the Agreement.
    4. If you do not terminate this Agreement at the end of the Minimum Term, Subscription Payments will continue at the Subscription Price and frequency until three month’s prior written notice is received by us in accordance with paragraph 3.3.
    5. When the Agreement comes to an end you will have to pay immediately all charges outstanding and where we have your payment details you agree that we will be entitled to collect them.
    6. We may terminate this Agreement with immediate effect if:
      1. you commit a serious or material breach of this Agreement (including failing to pay any Subscription Payment on its due date);
      2. you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;
      3. you do not do what you have to do under this Agreement and do not put it right within fourteen days of being asked by us in writing to do so;
      4. we are unable to transfer the Service to your new premises for any reason; or
      5. if you cease to carry on business in the United Kingdom.
    7. In the event of termination of this Agreement by us or you for whatever reason prior to the expiry of the Minimum Term you must pay us the Termination Fee within 14 days of the date of termination.). The Termination Fee is the sum constituting the remainder of the Subscription Price for Minimum Term or £750 which ever is the higher figure.
      1. You agree this is reasonable under all of the circumstances existing as of this date;
      2. You agree this constitutes liquidated damages for our loss; and
      3. You agree it does not constitute a penalty.
  4. SERVICE
    1. We provide you with usernames and passwords allowing you to access AdGenerator; you agree that you are solely responsible for ensuring that these are kept secure and private.
    2. You agree to indemnify us for our reasonable losses, costs and expenses arising from any breach by you of this Agreement.
    3. If you move Premises and want to transfer your account to your new premises, please notify us at least twenty Working Days before you move.
    4. We will advise you if it is possible to transfer the Subscription Service to your new premises. If we can then, provided you give us all the relevant details at least twenty Working Days before you move, we will arrange for the Subscription Service to be transferred to your new premises. If you are still within a Minimum Term of your Agreement then this Agreement and the Minimum Term will continue to apply at your new address.
    5. You will be required to pay us an installation and connection fee for installing and connecting the Subscription Service to your new premises. We shall provide you with a quote for such installation and connection fee upon request.
    6. If you want to vary the Subscription Service you have chosen you must apply to us in writing. If we agree to such variation we will notify you in writing and this Agreement will be varied accordingly and you will become liable to pay the appropriate revised Subscription Payments.
    7. In addition to the Subscription Service we may from time to time offer you additional products or facilities through Equipment on such terms and subject to such conditions as we may from time to time specify. You shall not be obliged to accept any such additional products or facilities.
    8. You agree not to use the Subscription Service or the Equipment or allow the Subscription Service or the Equipment to be used:
      1. in any way which is illegal, criminal, fraudulent or otherwise unlawful, or is in contravention of any third party rights; or
      2. in any way which we believe is, or is likely to be, detrimental to us, to the provision of the Subscription Service to you or to any of our customers.
  5. PROVISION OF EQUIPMENT
    1. We agree to supply the Equipment to you free of charge, provided that you continue to receive the Subscription Service for the term of this Agreement.
    2. We will take all reasonable steps to pass on the benefit of any manufacturer’s warranty applying to any equipment we supply to you.
    3. You agree and acknowledge that you will insure the Equipment with a reputable insurer for a minimum sum of £1000 (one thousand pounds) immediately on installation for the term of this Agreement and you will notify us in writing confirming that insurance has been put in place.
    4. You agree and acknowledge that you will keep and maintain the Equipment in a suitable operating environment and free from any heat, water or excessive temperatures.
  6. THE SEIZURE OF EQUIPMENT
    1. The Equipment will be supplied on the basis that.
    2. You must not engage in any criminal activity that can be used in court to undermine your position in court. This could for example be the showing of pornographic images.
  7. WARRANTIES AND LIABILITY
    1. You hereby warrant and undertake that:
      1. you shall not charge any fee to your customers to come to your Premises for the sole purpose of viewing advertising content or public performances, and you shall not price goods or services at such a rate as to allow this to be construed as a charge for viewing or otherwise; and
      2. you shall not use the Equipment and Subscription Service to obtain pornographic or other such material via broadcasts ot the internet that are not legal whether in or outside the UK.
    2. We warrant the Equipment against faults arising during the term of this Agreement. This warranty does not cover faults arising from accidental or deliberate damage, damage arising from use of the equipment that is not supplied by us, cosmetic damage which does not affect functionality or damage caused by events outside our reasonable control.
    3. Subject to paragraph 7.2 if a fault with the Equipment arises during the term of this Agreement we shall use our reasonable endeavours to remedy such fault within 5 working days of receipt of notice by us of such fault. Any repair services provided by us shall be on Working Days between the hours of 0900 and 1700 GMT and at no other time.
    4. If a reported fault cannot be remedied by one of our engineers during a visit to the Premises we will replace the faulty Equipment or faulty component.
    5. If we are unable to provide you with the Subscription Service for a reason within our reasonable control, your obligation to pay the Subscription Payments shall be reduced or suspended as appropriate during such period of inability.
    6. Save as aforesaid we accept no liability for any loss or damage which you may sustain or incur as a result of connection with the provision of the Equipment or the Subscription Service or the failure to provide functioning Equipment or a functioning Subscription Service. For the avoidance of any doubt we shall have no liability whatsoever for any loss or damage which you may sustain or incur as a result of any power or electricity surge. This will be to you account and you will pay according for replacement equiptment.
  8. YOUR PROMISE TO US
    1. You must not engage in any criminal activity that can be used in court to undermine any Legal defence you may have. This includes but in not limited to the showing or insinuation of recist insults, profanity, pornography and other distastefull activity.
  9. LIABILITY
    1. We will be liable under this Agreement if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time this Agreement was entered into, whether due to our negligence or otherwise. There may be occasions when we are unable to provide the Subscription Services as a result of something outside of our reasonable control. We will not be liable to you if that is the case.
    2. Our total liability to you under this Agreement will be limited in aggregate to the total Subscription Price paid by you in the preceding three months.
  10. 10. VARIATION OF CHARGES AND TERMS
    1. We reserve the right to increase or decrease the Subscription Payments after the Minimum Term from time to time. We will give you at least 28 days notice before making any changes to such payments or price. You have the right to cancel.
    2. We may make changes to the terms of this Agreement, or add new terms, from time to time. We will post the updated terms on our website and will send you details of the updates we have made. Wherever reasonably possible we will try to notify you in advance of any material changes to the terms of this Agreement, but this may not always be possible (for instance where the updates are required to take account of a change in the law).
  11. COMMUNICATIONS
    1. All communications between the parties to this Agreement about shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
      1. (in case of communications to us) to our registered office or
      2. such changed address as shall be notified to you by us; or
      3. (in the case of the communications to you) to the Address.
    2. Communications shall be deemed to have been received:
      1. if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
      2. if delivered by hand, on the day of delivery; or
      3. if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
    3. Communications addressed to us shall be marked for the attention of the Operations Director.
  12. MISCELLANEOUS
    1. This Agreement can only be varied with our written consent.
    2. This Agreement is personal to you and you may not assign, sub-contract or otherwise transfer your rights or obligations under this Agreement to any third party without our written consent.
    3. You agree that we may assign or otherwise transfer this Agreement or some or all of our rights under it at any time.
    4. There may be circumstances where either we or you are unable to fulfil our obligations under this Agreement because of an event beyond our reasonable control. This could include severe weather or other natural disaster, an act of terrorism, strikes or the negligence of third parties. In such cases we and you agree that the other will not be responsible for what has happened and will not be responsible for fulfilling their obligations under this Agreement for as long as the event continues.
    5. Except in the case of a permitted assignment of this Agreement a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of this Agreement.
    6. Failure by you or us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
    7. In the event that a Court, arbitrator or government agency finds that any part of this Agreement is unenforceable, then that part of this Agreement will be struck out and the remaining terms of this Agreement will continue unaffected.
    8. This Agreement sets out the entire agreement and understanding between you and us relating to the provision of the Subscription Service, and supersedes any previous agreements and understandings between you and us (whether oral or in writing) relating to the Subscription Service.
    9. This Agreement is governed by English law and you submit to the exclusive jurisdiction of the English Courts.
      1. You agree to allow access at any reasonable time to allow the equipment to be maintained or removed for repair
      2. You agree to have a clean broadband link permanently attached to the equipment supplied by AdGen
      3. You agree to use the AdGen screens ONLY for the sole purpose of showing AdGen supplied adverts
      4. VAT will be charged at current UK level.

Please also ensure that you read our Terms of Use and Privacy Policy.

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