Terms & Conditions
TERMS AND CONDITIONS
1. PURCHASE OF ADVERTISING SERVICES
Ask Nano LTD or one of its affiliates (“ASK NANO LTD”) sells to the client, who purchases same, the services described on the attachment of this contract (the “Advertising Services”) for the indicated monthly or lump sum fee (the “Fees”) and pursuant to the current Terms and Conditions (the “Contract”). Following the date of the execution of this Contract, ASK NANO LTD will on or about the date indicated: provide the Advertising Services; publish the advertisement in the selected ASK NANO LTD Phone Application, and begin offering the digital advertisement in the digital (mobile) directory.
The client shall respect stipulated product fulfillment timelines and provide ASK NANO LTD all information as may be reasonably required to fulfill its obligation under this Contract. Should the client not provide all information required, is unreachable despite numerous attempts, or fail to respect stipulated product fulfillment timelines, ASK NANO LTD, after reasonable effort to communicate with the client, may begin billing the client the Fees and if possible, provide the Advertising Services as is.
2. VARIABLE TERM AND AUTOMATIC RENEWAL
Unless the product description states otherwise this Contract and the Advertising Services are automatically renewed for consecutive subsequent periods (each a “Renewal Period”) equal in length to the initial term (the “Initial Term”) (Renewal Period and Initial Term collectively referred to as the “Term”), unless the client gives ASK NANO LTD a written notice of non-renewal at least 15 days (individually and collectively the “Non-Renewal Delays”) before the end of the Initial Term or any Renewal Period.
The client acknowledges that ASK NANO LTD may, from time to time, change the date of closing relating to the Advertising Services purchased and that any Initial Term or Renewal Period. The parties agree that no adjustment to the Fees shall be made when the Initial Term or Renewal Period is not reduced or extended by more than 1 month.
3. INCREASE OF FEE
The Fees due pursuant to this Contract may be increased by ASK NANO LTD, in accordance with its standard practices. The client shall pay to ASK NANO LTD the increased Fees upon receipt of a notice of increase from ASK NANO LTD.
4. FEES CHARGES
The client undertakes to pay the Fees due pursuant to this Contract immediately while signing in and choosing the service needed in the application of ASK NANO LTD. Paid in Dollar Service to be terminated on the first day of none receiving the agreed monthly payment for the selected service.
- Basic Service: Free + 1 Free Exposure Picture + Company Details
- Silver Service: GHc 20/Month
(Contact details. Post images and video stories of your work and business.Free 1-week Advertisement in 3 categories. Premium Search, be on top of search results.)
- Gold Service: GHc 55 for 3 Months
(You save GHc 5. Contact details. Post images and video stories of your work and business. Free 1-month advertisement in 3 categories. Premium Search, be on top of search results.)
- Platinum Service: GHc 100 for 6 Months
(You save GHc 20. Contact details. Post images and video stories of your work and business. Free 3-month advertisement in 4 categories. Premium Search, be on top of search results.)
- Platinum Plus Service: GHc 190 for 12Months
(You save GHc 50. Contact details. Post images and video stories of your work and business. Free 6-month advertisement in 6 categories. Premium Search, be on top of search results.)
5. BILLING INFORMATION
The client is responsible for ensuring that the billing information and payment information (including but not limited to name, mailing address, email address, telephone number, credit card information, and/or pre-authorized payment method) is accurate and current. The client, by providing its credit card, or any other pre-authorized payment method in order to remit payment, authorizes ASK NANO LTD to charge the client’s credit card or pre-authorized payment method for all Fees or amounts due under this Contract. The client must notify ASK NANO LTD of any changes to the billing and payment information. Should the client fail to update its billing information upon change with ASK NANO LTD, ASK NANO LTD may charge the client for any associated Fees it incurs as a result of said failure.
6. EARLY TERMINATION BY ASK NANO LTD
ASK NANO LTD may terminate this Contract or any portion of the services provided hereunder at any time for any reason by providing the client with a thirty (30) day written notice. Unless terminated because of the client’s Default, ASK NANO LTD shall reimburse all Fees and other charges for unrendered services paid by the client. That sum is paid as liquidated and ascertained damages by ASK NANO LTD to the client as full and final settlement and satisfaction of ASK NANO LTD’s entire liability for any loss, damages, costs, and/or expenses suffered or incurred by the client arising from an early termination.
7. EARLY TERMINATION BY THE CLIENT
The client acknowledges that the Term is a material element of this Contract and an essential consideration for ASK NANO LTD’s agreement to offer the Advertising Services. The client shall not unilaterally terminate this Contract.
The client may terminate this Contract for any reason by providing ASK NANO LTD with 7 days’ prior written notice, and the client shall then pay to ASK NANO LTD any amount owing under this Contract in respect of services which shall have been provided, or any amount incurred by ASK NANO LTD, up to the effective date of termination.
The client shall be in default of this Contract should any one of the following occur (a) the client does not pay the Fees due pursuant to this Contract; (b) the client ceases doing business (c) the client reproduces either a portion of or in its entirety the Advertising Services created by ASK NANO LTD in any other media without ASK NANO LTD’s written consent; (d) the client doesn’t fulfill or breaches any other of its obligations under the Contract (hereinafter collectively referred to as a “Default”);
On the occurrence of any Default, ASK NANO LTD may, without any liability, terminate this Contract immediately and/or suspend the Advertising Services upon 48-hour notice. Furthermore, in case of a termination, all Fees for the remaining Term under this Contract shall become immediately due and payable to ASK NANO LTD as a liquidated sum.
9. NO REPRESENTATIONS BY ASK NANO LTD; NO WARRANTY OF SUCCESS FOR THE CLIENT
The client acknowledges that, in order to promote the Advertising Services, ASK NANO LTD may convey data, including statistics, estimates of performance, or other information, which illustrate the results obtained by certain ASK NANO LTD clients or average results obtained by certain groups of ASK NANO LTD clients. ASK NANO LTD declares that such data is, to the best of its knowledge, accurate and that said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes, that ASK NANO LTD does not conduct any analysis regarding the client’s business, and that consequently, the results obtained by the client may vary considerably from client to client.
10. THIRD PARTY CONTENT
The client acknowledges and agrees that ASK NANO LTD may aggregate, display and publish third party content related to the client, as well as distribute or publish the client’s content to third party partners of ASK NANO LTD. Further, the client acknowledges and agrees that ASK NANO LTD shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with third-party content or the distribution or publishing of the client’s content to third-party partners. The client releases ASK NANO LTD from all liability with respect to third-party content or the distribution or publishing of the client’s content to third-party partners.
11. CLIENT’S WARRANTY
The client warrants that it is authorized to publish the advertisement in Ghana, and to display the digital advertisement and the Website. The client warrants that it holds all permits or licenses which may be advertised, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over the client’s activities. The client further warrants that it holds all the rights to use the trademarks or trade names included in the print and digital advertisement and the Website and that such use does not violate any provision of any law or statute, including the Trademarks Act, the Copyright Act and any other law or statute relating to intellectual property.
To the extent ASK NANO LTD collects or otherwise processes personal information in the course of providing the Advertising Services, the client represents and warrants that ASK NANO LTD is authorized to process such information and that client has obtained all necessary consents and provided all necessary notices as required under applicable privacy laws.
12. LIMITATION AND EXCLUSIONS
The client acknowledges that ASK NANO LTD provides a very large number of advertising services and that errors may thus occur. ASK NANO LTD cannot provide the Advertising Services, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of ASK NANO LTD’s undertaking to offer the Advertising Services for the Fees agreed upon.
In the case of any error or omission in the Advertising Services, ASK NANO LTD’s liability will be limited to the sum of the Fees due pursuant to this Contract for the Initial Term or any applicable Renewal Period for the affected Advertising Services. The client acknowledges that the present limitation of liability equally applies to the client’s telephone service provider and third-party vendors of ASK NANO LTD, if applicable. The client must notify ASK NANO LTD of any errors or omissions in the Advertising Services within Ten (10) days of ASK NANO LTD having provided the Advertising Services. Should the client not notify ASK NANO LTD within the said notice period, the client shall forfeit all rights related to such errors or omissions.
13. MODIFICATIONS TO THIS CONTRACT BY ASK NANO LTD
The client acknowledges that ASK NANO LTD may, from time to time, update these Terms and Conditions and the Advertising Services. ASK NANO LTD may modify the Advertising Services if said modification is to the advantage of the client or such modification does not substantially affect the rights and obligations of the client. The client is bound by any such modifications from the moment the client receives a notice to that effect. The current version of the Terms and Conditions can be requested in writing by calling Ask Nano LTD offices at +233 550 363 363.
ASK NANO LTD may assign this Contract or any of its obligations and any payment due under it to a third party without prior written consent from the client provided however that the client shall be given prior notice of any such assignment.
15. ASK NANO LTD’S TRADEMARKS AND PROPERTY OF THE ADVERTISING SERVICES
The parties hereby agree and attorn to the exclusive jurisdiction of the courts in Ghana.
16. PRIVACY PROVISIONS
This Contract is governed by the laws applicable in Ghana where it is entered into.
The parties acknowledge that they have requested that this Contract be drafted in the English language.