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Rules

TERMS AND CONDITIONS OF DOCHASE ADVERTISING
Dochase a priority brand of Dochase Solutions and all its legal subsidiaries, hereinafter referred as “Dochase”, an ad network, and “Advertiser”, enter into this Advertiser Agreement (“Agreement”) to establish the terms and conditions by which Advertiser may enter the Dochase Network and display advertisements on Dochase Publishers (“Publishers” or “Customers”)

1. Dochase Services
This agreement, in conjunction with the corresponding Release Order, shall constitute Advertiser, its Clients and Agents (herein collectively referred to as “Advertiser”) understanding that Dochase’s sole obligation is to promote the Advertiser’s products or services by showing banners, taglines, text links or email creative (”Creative”) provided by the Advertiser on site(s) across the Dochase Network or in email transmissions (the “Agreement”). The submission of a signed release order by Advertiser to Dochase is construed as an acceptance of all the rates, terms and conditions under which advertising is sold at that time. Any and all modifications to this release order are invalid unless acknowledged and accepted in writing by both Dochase and the Advertiser. Advertiser agrees that Dochase may, but is not obligated to, display creative across the entire Dochase advertising network or on specific site(s) Dochase may, at its option, modify the launch date of a campaign(s) if the creative or linking URL’s: are not delivered on time, there are delays due to 3rd party ad-serving, inventory fluctuation or other issues. All rates quoted herein, orally, or through written communications are only valid fourteen (14) days from date of such statement. If no agreement is reached within this time frame Dochase reserves the right to change rates.

2. Payment, Credit and Cancellation Terms
1. All payments will be made in advance unless agreed upon otherwise or credit is approved and Dochase is under no obligation to perform agreed upon services until payment is received.

2. It is the Advertisers responsibility to validate all impressions, clicks, leads and/or acquisitions. The Advertiser must report any discrepancies related to their campaign to Dochase within fifteen (15) days of the occurrence. Dochase is not liable for any discrepancies not reported within this time frame and Advertiser waives all right, title, and intent to dispute payment to Dochase based upon any discrepancy not reported within this time frame.

3. Either party may cancel this Agreement upon providing two (2) weeks written notice via email. If Advertiser terminates campaign early - payment in full for work performed and delivered up to the modified cancellation date will be owed and due and payable in full.

4. If Advertiser fails to pay overdue invoices for previous campaigns, Dochase reserves the right to immediately terminate any active campaigns.

5. In the event Advertiser pays with credit card, Advertiser expressly agrees not to charge back on credit card account. Advertiser agrees to follow dispute resolution agreement as specified in section 7 herein.

6. All payments must be made in Nigerian Naira (NGN). Advertiser understands and agrees that in no event, and under no circumstance will data provided by any Dochase representative constitute final billing numbers. Only invoices mailed directly to Advertisers and Agencies are to be construed as representative of billable amounts.

7. If Advertiser wishes to terminate the campaign early, Advertiser agrees to abide by the cancellation procedures set forth in section 2.8 herein. Any cancellation notice will be based on the date the written notice was received by Dochase.

8. Upon receipt of cancellation order, we will initiate the refund process. The refund will be made to the same payment option(s) originally used to pay for the order. In case an Advertiser used publisher earnings to fund the advertiser account, the balance will be transferred back to the publisher earnings account and payment will be made per the next payment cycle.

3. Limitation of Liabilities
Dochase SHALL NOT HAVE ANY LIABILITY TO THE ADVERTISER FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT Dochase’S TOTAL OBLIGATIONS AND/OR LIABILITY CAN NEVER EXCEED THE CHARGE FOR THE ADVERTISEMENT IN QUESTION. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Dochase MAKES NO OTHER WARRANTIES TO ADVERTISER AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. Indemnification
1. All creative has been accepted and published upon the representation that the Advertiser is authorized to publish the entire contents and subject matter thereof. Advertiser agrees to indemnify and hold Dochase, its Publishers or Lists Providers and its respective affiliates, employees, officers, agents, directors and representatives (“Dochase Indemnified Parties”) harmless from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys’ fees, costs related to in-house counsel time, court costs and witness fees) (collectively “Losses”) for any claim or suits for libel, defamation, violation of rights of privacy, plagiarism, attorney’s fees, trademarks, copyright infringement, unauthorized content (including text, illustrations, representatives, sketches, maps, labels, or other copyrighted matter) contained in creative or the unauthorized use of any person’s name or photograph, arising from Dochase reproduction and publishing of such creative pursuant to Advertiser’s submission.

2. Advertiser understands that Dochase in due diligence cannot monitor all Dochase Partner mobile sites/services for appropriate content and Dochase may not be held responsible for the content of any Partner mobile site/services. If Advertiser reasonably determines that the placement of any advertisement by Dochase hereunder harms the goodwill or reputation of Advertiser or disparages or brings Advertiser into disrepute, including, but not limited to association with mobile sites that contain indecent, illegal, misleading, harmful, abusive, harassing, libelous, defamatory, or other offensive materials, then Dochase shall use commercially reasonable efforts to remove such advertisement promptly following Advertiser’s notice thereof to Dochase; provided, however, that if Dochase reasonably believes that removal of an advertisement from a site/service will have a material impact on Dochase’s ability to deliver advertisements in accordance with the release order, Dochase may condition such compliance on Advertiser providing an extension of the campaign dates.

3. Advertiser guarantees that data regarding consumers gained by this campaign will be only used for legal purposes and Advertiser will indemnify, defend and hold harmless the Dochase Indemnified Parties from any and all losses, liabilities, claims, obligations, costs, expenses (including without limitation reasonable attorney’s fees) and losses which result from any claim of damages brought or sought against Dochase that alleges consumer data gained by this campaign was used for any purpose in violation of any applicable laws. The indemnity obligations of this paragraph are contingent on Dochase giving prompt written notice of any such claim. Dochase will have sole control over the litigation or settlement of such claim. The provisions of this Paragraph shall survive the termination of this Agreement.

4. Advertiser agrees not to resell, market, or transfer any data regarding consumers gained through this campaign to any third party unless expressly permitted by Dochase in writing.

5. Force Majeure
Dochase is not liable for delays in delivery and/or non-delivery in the event of an act of God, actions by any governmental or quasi-governmental entity, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond Dochase’s control affecting production or delivery in any manner.

6. Confidentiality
Parties have disclosed or may disclose to each other information relating to each party’s business (including, without limitation, data and other information pertaining to publisher mobile sites/services, affiliates and vendors that are or have been part of the Dochase Network), all of which to the extent previously, presently or subsequently disclosed to each other is “Proprietary Information”. Proprietary Information does not include information that each party can document (a) is or becomes (through no improper action or inaction of each party or its representatives (as defined below)) generally known by the public, (b) was in its possession or known by it without restriction prior to receipt from the other party or (c) becomes available to a party from a source other than the other party or its representatives having no obligation of confidentiality. (“Representatives,” when used with respect to either party, means that party’s affiliates, agents, officers, directors, consultants and employees). Parties agree (i) to hold Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions each party employs with respect to its most confidential materials), (ii) not to make any use whatsoever at any time of such Proprietary Information, except for the purpose of evaluating the results of Advertiser’s advertising campaign, (iii) not to copy any Proprietary Information for any purpose whatsoever without written permission from each party, and (iv) not to divulge any Proprietary Information or any information derived there from to any third party or employee, except those of each party’s employees who have a legitimate “need to know” and are bound in writing to the restrictions herein. Each party will be responsible for a breach of this Agreement by any of its Representatives. Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Proprietary Information and will cooperate with the other party in every reasonable way to help regain possession of such Proprietary Information and prevent its future unauthorized use.

7. Choice of Law and Venue
It is agreed that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be exclusively governed by Nigerian law. The prevailing party of any litigated dispute arising out of or relating in any way to this Agreement shall receive its reasonable attorney’s fees, together with its costs and expenses incurred resolving the dispute as part of the judgment.

8. Entire Agreement
1. This Agreement, together with the release orders incorporated by reference, embodies our entire agreement, supersedes all prior oral and written agreements, and may not be amended or modified except by an agreement signed by both parties. In the event that any of the provisions included herein are held to be unenforceable, the remaining portions of the Agreement will remain in full force and effect. Any notice or report required or permitted by this Agreement shall be made by personal delivery or fax to the operating fax number or business address.

2. Failure of either party to require strict performance by the other party of any provision shall not affect the first party’s right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach

9. Press Releases
Advertiser is willing to collaborate with press releases and/or be mentioned as a new client. Advertiser is willing to collaborate with press releases and/or be mentioned as a new client.