1.1 These Advertising Terms apply to all Tradespeople who use the paid advertising service provided by Fix My Build (the Advertising Service) to promote their business. The paid advertising service is only available to Tradespeople who have entered into a contract for the supply of online intermediation services with Fix My Build (the Core Agreement).

1.2 The definitions and rules of interpretation set out in clause 1 of the Core Agreement apply in these Advertising Terms.

1.3 By clicking ‘I accept the Advertising Terms & Conditions’ when submitting their advert, the Tradesperson agrees to be bound by these Advertising Terms. These Advertising Terms form part of the Core Agreement between the Tradesperson and Fix My Build and shall not form a separate contract to it.

2.1 Subscribing to the Advertising Service permits the Tradesperson to place an advert to direct Customers to, and promote, the Tradesperson’s business profile on the Website only. The Tradesperson must ensure that the content of any advert placed on the Website is accurate and complies in full with the requirements of these Advertising Terms.

2.2 Fix My Build shall use reasonable endeavours to achieve the minimum estimated reach indicated on the Website based on the daily budget selected by the Tradesperson at the time they create the advert. If the actual reach achieved by the advert (measured by reference to the number of unique visitors to the page displaying the advert) falls below that estimated range, Fix My Build will charge the fee due in respect of the actual reach achieved by the advert in accordance with clause 3.1, which shall constitute the Tradesperson’s sole remedy in such circumstances. No additional payment will be due if the actual reach exceeds the estimated range.

2.3 The Tradesperson may monitor the performance of their advert on the Website via the metrics available in their account on the Website.

2.4 The Tradesperson grants to Fix My Build a non-exclusive, non-transferable, worldwide licence for the period during which Fix My Build provides the Advertising Service to display, promote and use the images, logos and other Intellectual Property Rights existing in any content which it includes within its advert, for the purpose of providing the Advertising Service to the Tradesperson.

2.5 Fix My Build reserves the right to decline any advert, order or booking or decline to publish any advert or decline to undertake any campaign activity and accepts no liability for any loss or damage suffered by, or claim made against, the Tradesperson, as result of Fix My Build’s decision to decline.

2.6 Where the advert is in breach of these Advertising Terms and/or Applicable Law, Fix My Build may remove or delete the advert with immediate effect. Fix My Build accepts no liability for any loss or damage suffered by, or claim made against, the Tradesperson, arising out of or in connection with the display of such advert, or its removal.

3.1 The Tradesperson shall pay a fee to Fix My Build on a daily basis, which shall be calculated based on the budget and the estimated daily reach selected by the Tradesperson at the time of placing the advert. If the actual reach achieved by the advert (measured by reference to the number of unique visitors to the page displaying the advert) falls below that estimated range, Fix My Build will charge the fee due in respect of the actual reach achieved by the advert, calculated on the basis shown on the Website.

3.2 Fix My Build shall charge such fee on the earlier of:

3.2.1 at the end of each calendar day until the end of the selected advertising period; or

3.2.2 on termination of the advert by either Party (whether under the Core Agreement or clause 2.5 of these Advertising Terms), whereupon such fees shall become immediately payable.

4.1 In placing an advert on the Website, the Tradesperson shall:

4.1.1 comply with the Core Agreement and these Advertising Terms, in particular the Acceptable Use standards which are set out at clause 5;

4.1.2 comply with Applicable Law and advertising codes, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) – available at https://www.asa.org.uk/codes-and-rulings/advertising-codes/non-broadcast-code.html – and all other applicable advertising codes and standards in force in the UK from time to time; and

4.1.3 ensure that all information provided in the advert is complete and accurate.

4.2 The indemnities provided by the Tradesperson under the Core Agreement shall cover all losses, costs, expenses, damages and liabilities (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by Fix My Build arising out of or in connection with the Advertising Service, any breach of Applicable Law by the Tradesperson or actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Advertising Service.

5.1 The Tradesperson may use the Website only for lawful purposes. The Tradesperson may not use the Website:

5.1.1 in any way that breaches any applicable local, national or international law or regulation;

5.1.2 in any way that breaches any applicable local, national or international law or regulation;

5.1.3 for the purpose of harming or attempting to harm any person in any way;

5.1.4 to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes violence of discrimination on any grounds, infringes any intellectual property rights, promotes illegal activity or is likely to harass, upset, embarrass, alarm or annoy any other person or is otherwise illegal;

5.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

5.2 The Tradesperson also agrees not to access without authority, interfere with, damage or disrupt any part of Fix My Build’s Website, any equipment or network on which Fix My Build’s Website is stored, any software used in the provision of Fix My Build’s Website and/or any equipment or network or software owned or used by any third party.

5.3 The Tradesperson must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The Tradesperson must not attempt to gain unauthorised access to Fix My Build’s Website, the server on which Fix My Build’s Website is stored or any server, computer or database connected to Fix My Build’s Website. The Tradesperson must not attack Fix My Build’s Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the Tradesperson would commit a criminal offence under the Computer Misuse 1990. Fix My Build will report any such breach to the relevant law enforcement authorities and Fix My Build will co-operate with those authorities by disclosing the Tradesperson’s identity to them. In the event of such a breach, the Tradesperson’s right to use the Website will cease immediately.

6.1 The Tradesperson may link to the home page of Fix My Build’s Website, provided the Tradesperson does so in a way that is fair and legal and does not damage Fix My Build’s reputation or take advantage of it.

6.2 The Tradesperson must not establish a link to Fix My Build’s Website in such a way as to suggest any form of association, approval or endorsement on Fix My Build’s part where none exists.

6.3 The Tradesperson must not establish a link to Fix My Build’s Website in such a way as to suggest any form of association, approval or endorsement on Fix My Build’s part where none exists.