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- In these terms and conditions the following definitions shall apply:
- General
- Any persons signing an Order shall be deemed to have authority to do so from the person, firm or company on whose behalf they are acting or purporting to act.
- An Order placed with the Company shall constitute a contract when the Client signs the Order.
- The Client acknowledges that they have given due consideration to these Terms and Conditions.
- The Company reserves the right to revise these Terms and Conditions from time to time.
- Subject to clause 2.6 every Order shall be subject to these Terms and Conditions to the exclusion of any other terms.
- The Terms and Conditions can be amended only if the amendment is in writing and attached to the Client Profile Order Form and such amendment is agreed and accepted by a director of the Company.
- Timing
- The Client must provide the Company with the wording and layout material in accordance with the Client Profile Order Form before the Copy Deadline in order for the Client’s Order to be published in the publication specified on the Client Profile Order Form.
- If the Client has not provided the details referred to in clause 3.1 by the Copy Deadline the Company reserves the right to postpone the publication of the Client’s Order until the next available issue of the publication subsequent to the provision of those details.
- Failure by the Client to provide the details referred to in clause 3.1 will not under any circumstances result in the Client being refunded any monies paid in respect of the Order.
- Payment
- The Company reserves the right to require a deposit from the Client in respect of an Order on completion of the Client Profile Order Form.
- The Company will send an invoice to the Client for the full price of the Order seven days following the receipt by the Company of the Client Profile Order Form.
- The total price for the Order is to be paid to the Company within 14 days of the date of the invoice.
- Failure by the Client to pay the Company in respect of any invoice will result in interest being charged on the invoice at 8% above base lending rate in force at the time the account becomes overdue.
- In the event of non-payment or non-compliance of these payment terms the Client shall be responsible for all legal, collection and debt recovery fees and costs.
- In the event of non-payment or non-compliance of these payment terms the Company reserves the right to cancel this or any other contract between the Client and the Company
- All charges quoted to the Client are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
- Cancellation
- The Client shall have the right to cancel any Order 7 days from the date of the Order
- Notice of any cancellation by the Client must be given in writing by the Client and must be submitted to the Company using Recorded Delivery.
- Notice of any cancellation by the Client will not be accepted by e-mail or any method other than that referred to in clause 5.2.
- Any Order cancelled by the Client by any method other than that referred to in clause 5.2 will remain binding on the Client and will be invoiced in full.
- The Company reserves the right to cancel this or any contract between the Client and the Company in the event of :
- Any distress execution or other legal process being levied upon any of the Client’s assets;
- The insolvency, bankruptcy, sequestration, receivership, administration, liquidation, dissolution, winding-up of the Client.
- In the event of any cancellation by the Company for the reasons referred to in clause 5.5 the Company reserves the right to recover from the Client all loss and damage of whatever kind consequential or otherwise which the Company shall sustain in connection with such cancellation.
- Client’s Responsibilities
- It shall be the responsibility of the Client to ensure that any material it provides to the Company in respect of the Order:
- Is not offensive, libellous or slanderous;
- Does not infringe any copyright or trademark or other rights whatsoever of any third party.
- The Client agrees to hold the Company harmless against any loss costs or damages occasioned by any breach of clause 6.1 and to fully assist the Company in defending any legal action brought against the Company by any third party as a consequence of such action.
- Content
- The Company in its absolute discretion reserves the right to refuse to publish any material it perceives to be offensive, libellous or slanderous or infringes any copyright or trademark or other rights whatsoever of any third party.
- Where the Company refuses to publish any material referred to in clause 7.1 it will notify the Client of its refusal to publish indicating the reasons for the refusal.
- The Company shall repay to the Client any monies less any costs and expenses reasonably associated with the refusal paid by the Client in respect of any Order which the Company has refused to publish for the reasons referred to in clause 7.1 such repayment shall constitute entire discharge of the Company’s liabilities to the Client in respect of such refusal.
- The Company will not be liable for any loss or damage suffered by the Client or any third party by reason of the Company’s refusal to publish the Order for the reasons referred to in clause 7.1 and the Client.
- In the event that the Company publishes material provided by the Client in respect of the Order that infringes any copyright or trademark or other rights whatsoever of any third party the client shall indemnify and hold harmless the Company against any cost claims demands and expenses in respect of any infringement thereof.
- Liability
- The Company shall take reasonable care of any materials provided by the Client to the Company in respect of the Order.
Notwithstanding clause 8.1 the Client shall at its own expense retain duplicate copies of all materials supplied to the Company and insure against its accidental loss or damage
The Company shall have no liability for any such loss or damage, however caused.
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in all respects in accordance with English Law, and the Client and the Company agree to submit to the exclusive jurisdiction of the English Courts, and in the interpretation of this Agreement or the resolution of any dispute arising from it.
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