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1. In these terms and conditions, “Advertiser” means the party who books the space and/or any agent acting on his behalf and “Online Publisher” means myclubpromotion Ltd.
2. These terms and conditions shall apply to all advertisements accepted for publication by the Online Publisher except insofar as shall otherwise specifically be agreed in writing by the Online Publisher, notwithstanding that the Advertiser may choose to provide confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
3. All advertisements are accepted subject to the Online Publisher’s approval of the copy and to the required space being available. The Online Publisher will try to place an advertisement in the product section apparently most relevant to the Advertiser but reserves the right to make the final decision as to the position of the Advertisement. The Online Publisher reserves the right to place the word “advertisement” with copy which (in the Online Publisher’s opinion) resembles editorial matter.
4. Any free listing facility is offered ex-gratia and whilst the Online Publisher will consider the wishes of the Advertiser, the Online Publisher reserves the right to make the final decision as to whether to include the same and as to its format and wording and shall not be required to obtain the approval of the Advertiser thereto.
5. The Advertiser warrants and represents that the advertisement (a) does not contravene any law, statute or regulations in England and/or in any other country where the advertisement might appear as a result of its online publication by the Online Publisher (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with i) British Code of Advertising Practice ii) it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear as a result of its publication by the Online Publisher) at the time the advertisement is published. The advertiser will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher and will comply with any offers made to the publishers members and subscribers.
6. The Advertiser will indemnify and keep the Online Publisher fully and effectively indemnified from and against any losses, costs and expenses howsoever incurred by the Online Publisher arising out of or in connection with the advertisement and/or in respect of any breach by the Advertiser of paragraph 5 of these terms and conditions. The Online Publisher will consult with the Advertiser as to the way in which any claim against the Online Publisher (in respect of which indemnity is sought by the online Publisher from the Advertiser) is handled.
7. The Online Publisher reserves the right (in its absolute discretion) to omit, suspend or exclude an advertisement at any time; any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If the Online Publisher exercises its rights under this paragraph at any time, the Online Publisher shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.
8. All reasonable care will be taken to avoid mistakes but the Online Publisher does not accept liability for any errors or omissions due to the acts or defaults of third parties or sub-contractors or due to inaccurate or ambiguous copy instructions or due to any other acts, circumstances or defaults beyond its reasonable control. The Online Publisher shall not be liable for any errors or omissions in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press or is otherwise finalised prior to Online publication.
9. The Online Publisher shall have no responsibility if the advertisement is not Online published on the agreed date as a result of strike, lock-out, fire, storm, flood, riot, explosion, power failure, break-down or failure of systems or machinery or any other event beyond the Online Publisher’s reasonable control.
10. The Online Publisher does not warrant any particular publication date for the advertisement unless otherwise expressly agreed in writing with the Advertiser and, in any event, time shall not be of the essence as regards the publication date.
11. All advertising insertions shall be submitted by the Advertiser by the closing copy date in the form stipulated by the Online Publisher and otherwise in accordance with the Online Publisher’s instructions from time to time. Unless the Online Publisher receives the advertising insertion in the proper form and as per the Online Publisher’s instructions, or if the Online Publisher is required to perform additional production work as a result of the Advertiser's failure to conform to the Online Publisher’s requirements and/or instructions, the Online Publisher (in its absolute discretion) reserves the right (a) to make additional charges to the Advertiser for the cost of any such production work or (b) to treat the Advertiser as having cancelled.
12. The Advertiser must supply advertising copy to the Online Publisher by the relevant copy date quoted by the Online Publisher. If the required copy is not received by the quoted copy date, the Online Publisher may (in its absolute discretion) treat the Advertiser as having cancelled. If the Online Publisher elects to place the advertisement (notwithstanding the late supply of copy by the Advertiser) no promise or assurance is given that proofs will be supplied or corrections made.
13. Advertisement rates may be revised at any time. Orders are accepted on the basis that the price binds the Online Publisher only in respect of the next issue to be published by the Online Publisher. If there is a rate increase, which the Online Publisher wishes to charge to the Advertiser, then the Advertiser will have the option either to cancel the remainder of the order without surcharge or to continue the order at the revised advertisement rates.
14. If the Advertiser cancels the balance of a contract for a series of advertisements except in the circumstances set out in paragraph 13 above, then the Online Publisher has the right to surcharge previous advertisements in the series where series discount had been applied. Series discounts apply only to orders placed in advance and completed within one year from the date of first insertion. The Online Publisher reserves the right (in its absolute discretion) to surcharge if the insertions are not completed within (a) such one year period or (b) the agreed period.
15. The Online Publisher’s credit payment terms must be strictly adhered too. An initial payment covering 3 months worth of fees and a monthly payment made by direct debit into the Online publishers account. If the advertiser expresses a wish to cancel this arrangement, a 3 month notice period in writing is required to be sent to the publisher. The recurring monthly payments may be cancelled but the initial payment covering 3 months will be retained as payment for the said 3 month notice period. Without prejudice to any other rights or remedies available to it, the Online Publisher reserves the right to charge interest on overdue amounts at the rate of 2% above the base lending rate from time to time of HSBC plc, such interest to accrue on a daily basis from the due date to the date of actual payment.
16. Notice of cancellation or suspension of an advertisement must be received in writing by the Online Publisher strictly in accordance with the relevant publication’s rate card cancellation terms. Cancellations or suspensions received without sufficient notice will be charged for in full by the Online Publisher.
17. Copy must be supplied by the Advertiser without application or request from the Online Publisher. Online proofs will be supplied where copy is submitted provided that such copy is received by the quoted copy date. Proofs will not be supplied for advertisement copy supplied as complete artwork or film unless specifically requested in writing by the Advertiser.
18. The Advertiser’s property, artwork and any other items are held by the Online Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Online Publisher reserves the right to destroy all such property, artwork and/or other items which have been in its possession for more than twelve months. Additionally, the Online Publisher reserves the right to retain all such property, artwork and/or other items until the Advertiser's account has been settled in full.
19. In no event shall the liability of the Online Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.
20. In no event shall the Online Publisher have any liability either in contract or in tort for any consequential or indirect loss or damage suffered or incurred by the Advertiser, including (without limitation) loss of profit or damage to reputation or goodwill.
21. These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with English law and the Advertiser submits to the non-exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection therewith.
Signed:
Date:
Print Name: