The following are the terms and conditions on which you may use the WeatherAds Services and by accessing WeatherAds Services you agree you have read these terms and are bound by them.
WeatherAds can change these terms at any time and you should check these terms regularly. Note that continued use of WeatherAds Services implies acceptance of the updated or amended terms. If you do not agree to the changes you should cease using WeatherAds Services.
You agree to use WeatherAds Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of WeatherAds. Prohibited behaviour includes the use of obscene or offensive content or actions that affect the normal flow of communication.
WeatherAds maintains the right to suspend terminate or restrict access to WeatherAds Services where behaviour relating to the use of the WeatherAds Services is deemed to be abusive.
WeatherAds shall not be liable if for any reason WeatherAds is unavailable at any time or for any period. Also WeatherAds holds the right over time to alter the underlying software coding and at that time WeatherAds will not be liable to users for any temporary service failure.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the site, including without limitation trademarks, designs, logos, text, images, audio and video materials, and the underlying software code, are owned or licensed by WeatherAds. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of WeatherAds. Any rights not expressly granted in these terms and conditions are reserved.
You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide WeatherAds with valid credit or purchase order information as a condition to signing up for any subscriptions service.
The subscription period for the Monthly Subscription Plan will be one month and will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan.
For Annual billing the charges are made up of two components and works as follows;
A single fee for your chosen subscription paid at the beginning of your subscription.
A charge based on a small percentage of the monthly campaign spend. This is calculated at the end of each calendar month and then charged at the beginning of the next month.
For annual plans you can upgrade at any time. If you upgrade this will take immediate effect and you will be charged a pro-rata amount to cover the higher plan costs for the remaining days in the 12 month period. You can request to downgrade an annual plan at any time, but this downgrade will not take effect until after the end of your current annual subscription term.
If you have taken an annual plan you can cancel at any time. This means the plan will not renew after the end of the 12 months. You will then only be billed a percentage of the campaign spend as determined by the plan you were subscribed to for any campaigns you continue to run with active weather targeting until the end if your 12 month contract.
If paying by invoice, whether it be for a monthly or annual subscriptions, our terms are that any payment should be made within 30 days from the date of invoice. We will invoice at the beginning of any billing period (monthly or annual) for the fee based on your chosen plan. We will then bill at the beginning of each month new month a charge based on a small percentage of monthly campaign spend from the previous month.
If timely payment is not received or cannot be charged to your credit card for any reason, WeatherAds reserves the right to either suspend or terminate your access to any subscriptions services and terminate this agreement. If WeatherAds receives a cancellation notice from you, you will be obligated to pay the balance due on your account. You agree that WeatherAds may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You further agree to pay all of WeatherAds costs of collection, including lawyer's fees, with respect to unpaid fees.
WeatherAds will accept no liability in any event including, without limitation, negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use WeatherAds, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from WeatherAds.
WeatherAds reserve the right to modify, suspend or discontinue, temporarily or permanently, WeatherAds Services or any part of it, with or without notice, at any time. You agree that WeatherAds shall not be liable to you or to any third party for any such modification, suspension or discontinuance of WeatherAds Services.
Nothing in these terms and conditions shall limit the Company liability for: death or personal injury caused by the negligent of the Company, its directors, agents officers or representatives: fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law.
You agree that you will not pursue any claims against WeatherAds for any liability WeatherAds may have under or relating to your use of WeatherAds Services until you first make claims against your insurance provider(s) and such insurance provider(s) finally resolve(s) such claims. You waive your right of recovery against WeatherAds (and waive the subrogation right of your insurance provider(s)) to the extent such claims are covered by your insurance.
UK law governs these terms and conditions and you agree that the United Kingdom Courts shall have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of WeatherAds Services and these terms and conditions. If you choose to use WeatherAds Services it is your responsibility to comply with the applicable local, national or international laws and any use of WeatherAds Services outside the UK is entirely at your own risk. For guidance relating to your specific situation, please contact your legal adviser.