Our websites offers a host of products and services.
From adverts to microsites, emails to social media, we can help you connect with relevant consumers to reach your business goals.
We have set out a series of positions where we normally place adverts. In general, we surround the top, right and bottom of our content with advertising space.
Our discussion forums, large social media profiles, and mobile apps help us place You with the Product and Service providers that are Your prospective customers.
Get in touch with us either by phone or by completing the enquiry form.
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1.1 These Terms and Conditions are incorporated into each agreement entered into between CloudHAX and You the Advertiser, whether or not the advertising form, or any other document, which the Advertiser signs make reference to these terms.
1.2 In these Terms and Conditions, the following expressions refer to the respective meanings unless otherwise stated:
- "Advertiser"refers to the natural or legal person as identified in the Insertion Order.
- "Campaign" refers to the placement of adverts on the Website according to extent and duration specified on the Insertion Order.
- "CPM" refers to the cost per mille i.e. per 1,000 page impressions of the advert.
- "Insertion Order" refers to the Advertising Order Form to which these terms and conditions apply.
- "RON" refers to the Run of network i.e. non-targeted adverts which will show on all pages of the Website, where the particular form of adverting is shown.
- "Targeted" refers to adverts that are shown on specific pages e.g. those relating to a particular subject or on the home page of the Website.
2.1 You, the Advertiser warrant and undertake that You have the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, any intellectual property rights of such third parties.
2.2 You shall be fully responsible for the terms of any contract for the sale of goods products or services to customers who have seen the advertisement displayed on the Website and agrees to indemnify CloudHAX against any expenses, damages and/or losses of any kind incurred by CloudHAX in relation to any claim, action, demand or proceedings brought against CloudHAX in relation to any such contracts entered into for the purchase of the advertised goods products or services.
2.3 You also agree to indemnify CloudHAX against any and all expenses, damages and losses of any kind incurred by CloudHAX, in connection with any claims of any kind, (including breach of contract, any claim of trademark or copyright infringement, libel, defamation, malicious falsehood, breach of confidentiality, false or misleading advertising, misrepresentation or illegal sales practices) arising from the advertisement which is placed by You.
3. PROVISION OF ADVERTISING MATERIALS
3.1 You will provide to CloudHAX with all the materials for the advertisement to be placed [e.g. images or other media of suitable quality and size, in accordance with CloudHAX's terms as are set out in the Insertion Order]. CloudHAX shall not be required to publish any advertisement that has not been received in accordance with such requirements.
4. CAMPAIGN ACCEPTANCE
4.1 The acceptance of an Advertising Campaign is subject to available space and the receipt by You of a signed Insertion Order by CloudHAX. CloudHAX will use every reasonable effort to comply with Your requirements. If a booked advertisement is not published at all, due to our inability to do so [for whatsoever reasons], CloudHAX will provide to You an alternative publication date. If You choose not to accept this alternative date, its original booking will be cancelled and if You have paid for the Campaign in advance, CloudHAX will refund to You the amount paid by You in full and final settlement of any claim by You against CloudHAX for inability to publish.
4.2 In the event that You wish to request a change to the positioning of the advertisements [or of any of the content of such], You must provide the relevant images or other media of suitable quality and size and give at least TWO  weeks written notice to CloudHAX before the end of the Campaign. Such changes may incur an additional cost to You if You wish to alter the advert page placement instructions supplied in the "targeting details" box of the Insertion Order. Failure to provide such prior notice will mean that the positions set out in the Insertion Order shall prevail. Any requested change to positioning of advertisements will, in any event, be decided in CloudHAX's sole discretion and shall be subject to availability of available space.
4.3 CloudHAX will notify You by email when their advertisement has been made live on the Website and You must inform CloudHAX as soon as it is reasonable [and no later than two working days from the date of your receipt of our email], of any inaccuracies with the delivery of the advertisement.
4.4 Once the Insertion Order has been returned to You and the Campaign has gone live, CloudHAX will raise an invoice as per the Insertion Order.
5. TERMS OF PAYMENT
5.1 New Advertisers will be required to pay for their first Campaign prior to the Campaign starting and will be issued an invoice to that effect.
5.2 Existing customers [Advertisers] will be invoiced according to the terms agreed for their Campaign. You must pay the invoiced amounts to CloudHAX in Malaysian Ringgit [MYR [unless otherwise agreed in writing] within fourteen (14) days from the date of your receipt of the invoice. If the invoice is not paid, the Campaign will be removed and You will be invoiced for the Campaign value that has been served to date.
6.1 For those Advertisers that have a discounted Campaign (which is specified in the Insertion Order): if the Campaign is cancelled within the Campaign period, then the full non-discounted monthly cost will become applicable.
6.2 CloudHAX shall not be bound by any request from an Advertiser to stop, cancel or suspend an Advertisement, unless such a request is in writing and confirmed in writing by CloudHAX.
6.3 Without prejudice to condition 6.2, the following costs remain due on cancellation, and the Advertiser acknowledges that these charges represent a genuine pre-estimate of CloudHAX's losses:
- a) Notice of cancellation received 28 days or more before first display, 25% of total fee due;
- b) Notice of cancellation received 8-27 days before first display, 50% of total fee due; or
- c) Notice of cancellation received 0-7 days before first display, 100% of total fee due,
If an Advertiser has paid sums for advertisements in advance, and is entitled to a refund, CloudHAX shall use its reasonable endeavours to pay such refund to the Advertiser within 30 Working Days of receipt of the written notice of cancellation.
6.4 Should the Advertiser, half way through an advertising run, wish to stop or cancel an advertisement that is being displayed on Our Website/s for an agreed period of time in excess of 14 days, then the Advertiser shall give written notice to CloudHAX of its request to stop or cancel the advertisement. In such an event, all charges connected with the display of the advertisement shall, unless otherwise expressly agreed by CloudHAX in writing, be non-refundable.
7. CAMPAIGN RENEWAL
Except as expressly set out in the Insertion Order, any renewal of a Campaign and acceptance of any further or future Campaigns will be at CloudHAX's sole discretion. The rates applicable to such renewal periods, if any, are subject to change by CloudHAX from time to time.
8. USAGE STATISTICS
8.1 The Advertiser acknowledges that CloudHAX estimates of Website traffic, as provided to an Advertiser prior to a Campaign, are not guarantees of Website traffic during the Campaign.
8.2 CloudHAX provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and CloudHAX shall not be held liable for any claims relating to any usage statistics however supplied.
8.3 The Advertiser will receive an email from CloudHAX to a nominated email account on a monthly basis notifying them on the usage statistics for their Campaign.
9. LIMITATION OF LIABILITY
9.1 If CloudHAX fails to publish any advertisement or fails to deliver the impressions specified in the Insertion Order within the agreed time period, CloudHAX's liability will be limited to either:
9.1.1 as soon as reasonably practicable, publishing the advertisement (or a replacement advertisement if provided by the Advertiser) in positions agreed in the Insertion Order or in alternative positions agreed with the Advertiser for such time as is necessary to generate a number of substitute impressions of equivalent monetary value to the shortfall;
9.2 In no event will CloudHAX be responsible in contract, tort, and negligence or otherwise, for:
9.2.1 Loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or
9.2.2 Any indirect, consequential, special or economic loss of any kind;
arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Insertion Order.
9.3 The Advertiser shall assume all liability for materials, features, or works provided to CloudHAX, under the Insertion Order, that are subsequently downloaded by any visitor to CloudHAX. The materials will comply with the ethical policies [as defined herein] of CloudHAX. The Advertiser shall not submit any ads for alcohol, cigarettes, gaming (which includes lotteries, bingo, online poker, etc). They will not be of sexual images or sexual innuendo (which includes promoting dating websites). They will not promote cures that, in the opinion of CloudHAX, most medical professionals would deem as unproven.
9.4 In the event of any inconsistency between the Insertion Order and these Terms and Conditions, these Terms and Conditions will prevail.
10. OUR ETHICAL POLICY
"Ethical" means non-sexist, non-racist, non-defamatory, and not false or misleading in any of its material particulars.
10.1 All advertisements must not promote any sort of illegal or unlawful activity or conduct or promote or offer the sale of products or services which are illegal.
10.2 We do not accept ads that:
- Are in conflict with mainstream health promotion norms for example ads for alcohol or cigarettes.
- Are for gambling - which includes lotteries, and online poker.
- Are pornographic, use sexual images, or sexual innuendo.
- Advertise weapons, firearms, ammunition or fireworks.
10.3 Our acceptance of an advertisement does not imply endorsement of the products or services advertised by You the Advertiser. We have no control over the content of any external links.
INCORPORATION BY REFERENCE
See Our General Terms.