The current terms are applicable to all the agreements between PREMIUM TRAFFIC (hereinafter “PREMIUM” or “We”) and its customers, except when special terms and conditions or agreements stipulate otherwise.
These terms are regarded as accepted by the customer, even when they are contrary to his or her own general or special purchasing conditions. The latter only have binding effect upon us when we explicitly accepted them in writing. Our agreeing to the terms and conditions of the customer cannot under any circumstances be deducted from the fact that we accepted the agreement without objecting to the clauses that refer to the general or special conditions or to any other similar terms set forth by the purchaser.
Buyers should allow Premium at least three (3) business days to respond to RFP’s. Premium needs time to address questions and to ensure that inventory is available.
When an option is granted to a Buyer, the following rules will apply:
Advertisers should send signed insertion orders at least five business days before the start of any campaign to help ensure inventory availability. Premium should confirm availability at least two business days before campaign start date.
Campaigns can be postponed without additional planning cost 2 (two) times maximum. When buyers ask campaigns to be postponed more than 2 (two) times, additional planning cost can be charged by Premium. Campaigns that have already been postponed once cannot be cancelled.
Orders can be cancelled fully or in part only by sending a written (e-mail, fax or letter) notice at least 4 weeks before start date of campaign. If this deadline is not respected, following penalties will apply:
Cancellation terms for mini-sites, sponsorships or other customized production must be agreed to on a case-by-case basis between Premium and Buyer given the special circumstances and additional work that such relationships require. Unless otherwise specifically agreed, production work, which has been completed by Premium, is non-cancelable and not eligible for refund.
Definitions: Rich media banners include all banners that are not GIF banners.
Buyers and Premium should not assume rich media creative will work.
Advertisers must adhere to advertising materials submission deadlines to allow adequate time for testing before the start date. If results of the rich media test are not mutually acceptable to both buyer and Premium, then an agreed-upon "default" creative unit should be run in its place. That is why for each rich-media banner, Buyers will supply a default GIF banner.
Should above mentioned deadlines not being met by Buyers, Premium will not guarantee the timely serving of concerned creatives. In that cases orders are considered to being started according to agreed orders. Undelivered impressions will not give right to any make good. Premium do only commit to start serving as soon as possible.
When submitted banner target URL is not reachable or is leading to any error message Premium will notify Buyer by e-mail and temporarily replace target URL by referring website homepage (if available) until initial target URL is made back available. Delivered impressions during the period of URL unavailability are considered as part of the order.
Premium will not edit or modify the advertisement in any way including, but without limitation, resizing the advertisement without Buyer approval. However, it is the Agency's and Advertiser's obligation to submit advertising materials in accordance with Publisher's existing criteria or specifications. (cfr. IAB standards)
Unless otherwise agreed, when banners post, an email should be sent to the Buyer including campaign name, banner name, date and time posted and confirmation of banners conformity with Premium’ specifications. This email must be sent to the person who signed the order within 24 hours after reception by Premium.
Unless otherwise agreed and if buyers are not using a 3rd party adserving system to track their campaign, Premium will endeavor to deliver digital traffic reports to Buyer on a weekly basis. Final traffic reports will be made available to Buyers one week after the end of campaign at the latest.
Buyer and Premium must mutually agree prior to start date to how credits derived from impressions shortfall will be resolved should this occur. Specifically, the approval process will apply to whether Premium will honor cash back to the Buyer or will apply an impressions make good for shortfall.
All our invoices are to be paid by electronic funds transfer after 60 days. in case of delay or late payment, an amend interest of 12% is due, in addition to a fixed indemnification to the amount of 10% of the invoice amount, without the necessity of formal notice, with a minimum of 75.00 eur per invoice.
The non-payment of one of the invoices on the due date, the protest of a bill of Exchange (even if it was not accepted), all applications for concordat, amicable or judicial, all applications for the postponement of payment, even unofficial, or any other fact which demonstrates the customer’s inability to pay, makes the amount due of all the other invoices, even if they have not expired yet, immediately claimable, without the necessity of formal notice. In addition to that, Premium reserves the right in these cases to suspend all deliveries, without the necessity of formal notice.
No party may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while visiting the websites provided by Premium services or products without the prior express written permission of Premium. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication which is related to the websites provided by Premium services or products, its content, or its users without the prior express written permission of Premium in each instance.
The data covered by this restriction includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
Any Data Collector is required to contact Premium at privacy at prem-traffic dot com and complete Premium's data collector certification process. This may include providing additional information about the data being collected and data collecting technology being used; executing the applicable Data Certification Agreement; and certifying compliance with additional Technical Guidelines and Specifications.
Every dispute between the Buyer and Premium Traffic SAS is exclusively subject to French Law. The Paris Courts of Lax are competent. However Premium may appoint another tribunal.
Every dispute between the Buyer and Premium Traffic LTD is exclusively subject to United Kingdom Law. The London Courts of Lax are competent. However Premium may appoint another tribunal.
We may modify this terms from time to time. We will notify you of changes by posting changes here, or by other appropriate means. Any changes to the terms will become effective when the updated terms are posted on the Services. Your use of the Services or your provision of personal information to use the Services following such changes indicates your acceptance of the revised Terms.
Last updated: 15/05/2018