Legal
Advertiser Agreement
The agreement that governs paid advertising placements on Dinners With Friends. It is a separate document from the consumer Terms and Conditions, which do not govern advertising.
Version 1.1.0 · Effective 11 August 2026
1. Parties and trading disclosure
This Advertiser Agreement (the "Agreement") is between Pamela Silkstone, trading as Dinners With Friends, Flat 1 Terracina, Lower Erith Road, Torquay, TQ1 2PX ("DWF", "we", "us"), and the business named in the advertiser registration through which this Agreement is accepted (the "Advertiser", "you"). DWF is an unincorporated sole trader. It has no company registration number and is not registered for VAT. Documents may be served on DWF at the address above.
2. Placements and no guarantee of performance
A placement is the display of your approved creative in a named advertising slot on the DWF website for the term you book. Placements in the same slot rotate on an equal-weight basis with any other advertiser booked into that slot. We do not guarantee any number of impressions, any number of clicks, any position on a page, any share of voice, or any commercial outcome. No statement in our marketing materials or in any conversation varies this clause. Your booking is not exclusive and carries no category protection. We may sell placements to any other business, including a direct competitor of yours, including in the same slot and on the same page. We may change the design, layout, navigation or address of the website, and may retire a slot, at any time. Where we permanently retire a slot part-way through your term, clause 5 applies. Our own measurement records are the definitive record of impressions and clicks for all purposes under this Agreement, including any question of what was delivered.
3. Term and renewal
A booking runs for a term of one or three calendar months, starting on the 1st of the calendar month you choose. At the end of the term the booking ends and the placement stops serving. Renewal is opt-in only. We will never renew a booking, or take a further payment, automatically.
4. Payment
Fees are payable in advance, in pounds sterling, by card, at the prices published on the rate card at the time of booking. No VAT is charged, because DWF is not registered for VAT. Fees are non-refundable except as set out in clause 5, or otherwise at DWF's absolute discretion. This is a business-to-business agreement: the statutory cancellation and refund protections available to consumer buyers do not apply to it, and nothing in this Agreement grants any equivalent right. You must pay in full, without set-off, deduction, withholding or counterclaim of any kind. If a payment fails or is reversed, the related placement does not serve, or stops serving, until payment has been made in full. The term is not extended by any period during which a placement did not serve because you had not paid. Late payment carries interest and fixed-sum compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and we may recover our reasonable costs of obtaining payment, including debt recovery and legal costs.
5. Editorial control
We may reject, relabel, reposition, pause or permanently withdraw any creative or destination, at any time and for any reason, including where we judge the content unsuitable for our audience or where a legal or regulatory concern arises. Where we permanently withdraw a placement part-way through its term, we will refund the unserved part of the term pro rata, calculated in whole pence. That refund is your sole remedy for the withdrawal. If you edit an approved creative or its destination, it stops serving until we have re-approved the change. Time your placement does not serve because of your own edit is not compensated.
6. Advertiser warranties
You warrant that: (a) you are authorised to represent the venue or business advertised; (b) the creative, the destination page and every claim made in either are lawful, accurate, not misleading, and compliant with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code); (c) you own, or hold a valid licence covering, all intellectual property in the creative; and (d) you will keep the destination page live and substantially unchanged in character for the term; (e) the creative contains no personal data of any third party that you are not lawfully entitled to supply to us for display; (f) every declaration you make to us about the creative — including whether it identifies a less-healthy food or drink product and whether it advertises alcohol — is true and complete; and (g) you will tell us immediately if a regulator contacts you about anything you advertise with us. You give these warranties afresh each time you submit a creative for review, each time you edit one, and on each renewal.
7. Indemnity
You will indemnify DWF on demand against all losses, damages, fines, penalties, costs and expenses — including legal costs on an indemnity basis, and the reasonable cost of our own time in responding — arising out of any third-party claim, or any action, enquiry or correspondence from a regulator, including the Advertising Standards Authority (ASA), the Competition and Markets Authority (CMA), Trading Standards and the Information Commissioner's Office (ICO), that relates to your creative, your destination, any declaration you gave us, or any breach of your warranties under this Agreement. This applies whether or not the claim or enquiry results in any finding against either party, and whether or not we chose to carry the advertising. We have sole conduct of any such claim or enquiry so far as it concerns our website. You will not admit liability, settle or compromise anything that names DWF without our prior written consent, and you will give us reasonable assistance at your own cost. This clause survives the end of this Agreement.
8. Licence to DWF
You grant DWF a non-exclusive, worldwide, royalty-free, sub-licensable licence to host, store, reproduce, resize, display and transmit the creative for the purpose of performing this Agreement during the term of the booking. You also grant DWF the right to retain an archival copy of the creative and its approval record after the term ends, solely for evidential and regulatory purposes. That right survives the end of this Agreement. You further grant DWF the right to name you, and to display your logo, as an advertiser in DWF's own marketing and business materials. You may withdraw this particular right at any time by writing to us; doing so does not affect anything already published.
9. Liability
Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Subject to that, DWF's total liability under or in connection with this Agreement, however arising, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, is capped at the fees you have actually paid under the affected campaign. Where more than one claim arises, that cap applies to all of them in aggregate and is not multiplied. We are not liable for: your own website, destination page or anything a visitor does once they reach it; the accuracy or lawfulness of your creative; or any interruption, non-delivery or under-delivery caused by something outside our reasonable control, including ad-blocking software, a visitor's browser or device settings, a search engine, or a hosting or network provider. Subject to the first paragraph of this clause, neither party is liable to the other for indirect or consequential loss, or for loss of profit, loss of goodwill or loss of anticipated savings.
10. Data protection
DWF is the controller of the impression and click measurement data it collects on its own website, and processes it as described in its privacy policy. Once a visitor clicks through to your website, you are an independent controller of anything you collect there. This Agreement creates no processor relationship and no joint-controller arrangement between the parties.
11. Suspension and termination
We may suspend or terminate a placement, a campaign or this Agreement immediately where: (a) you breach a warranty in clause 6; (b) a regulator contacts either party about your advertising; (c) the creative or the destination is, or becomes, unlawful; or (d) payment is not made when due. Where suspension or termination results from your breach or from non-payment, no refund is due and all fees for the remainder of the term fall due immediately. Where it results from DWF's own decision to withdraw a placement under clause 5, the pro-rata refund in clause 5 applies and is your sole remedy. Termination does not affect any right, remedy or obligation that had already accrued. The clauses dealing with payment, indemnity, the licence to DWF, liability, and governing law survive it.
12. Assignment and subcontracting
DWF may assign, transfer, charge or subcontract any of its rights or obligations under this Agreement, in whole or in part, without your consent. You may not assign, transfer or otherwise deal in any of your rights or obligations under this Agreement without our prior written consent. This Agreement is between you and us only. No other person has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
13. Events outside our control
We are not in breach of this Agreement, and are not liable, for any delay or failure to perform caused by something outside our reasonable control, including failure of a hosting, network or payment provider, or an act or instruction of a regulator. Where such an event stops a placement serving for a sustained period, clause 5's pro-rata refund is your sole remedy. Short or intermittent interruptions do not give rise to a refund.
14. Entire agreement and no reliance
This Agreement is the entire agreement between the parties about its subject matter and supersedes any earlier discussion, statement or representation about it. Each party confirms that in entering this Agreement it has not relied on any statement that is not set out in this Agreement. Nothing in this clause excludes or limits liability for fraudulent misrepresentation. We may change these terms for future bookings by publishing a new version; the version you accepted governs the bookings you made under it. If we do not enforce a term, or delay in doing so, that is not a waiver of it and does not prevent us enforcing it later. If any term is found to be unenforceable, the rest of this Agreement continues in force.
15. Governing law and jurisdiction
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims), is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over it.