Terms and Conditions
3.2 The Advertiser will promptly provide all copy and other information and material in the format reasonably requested by the Publisher and in any event will provide copy and any changes by the Copy Date shown on the Order Form. Failure to do so means that the Advertisement may not be included in the publication in the form desired by the Advertiser or at all.
3.3 The Advertiser is responsible for all design and content of the Advertisement and warrants that it will comply with all laws, regulations and codes of practice and with the Publisher’s policies and requests. The Advertiser further warrants that the Advertisement will not infringe any copyright or trade marks or other intellectual property or other rights of any third parties. The Advertiser will indemnify the Publisher and its officers and employees against all costs, claims, loss, damage and expenses suffered by them in connection with the Advertisement and/or any breach of this clause.
3.4 The Publisher reserves the right to refuse the use or display of any content it deems in its absolute discretion to be offensive, inappropriate or unsuitable.
4. Payment terms
4.1 Payment by the Advertiser will be due on the date of publication of the Advertisement. Payment must be made in the currency shown in the Order Form. Orders may not be cancelled by the Advertiser and payment will be due whether or not the Advertiser complies with deadlines for submitting copy.
4.2 VAT or equivalent taxes will be added to all payments where applicable.
4.3 Without prejudice to its other rights the Publisher will be entitled to charge interest on any late payments at the rate of 4 per cent. above the base rate of its bankers from time to time applicable to the relevant currency.
4.4 The Publisher may set off any fees payable by the Advertiser against any monies it owes to the Advertiser.
5.1 The Publisher reserves the right to terminate the agreement formed by these terms and conditions and treat the Order as cancelled in any of the following events:
(i) any payment by the Advertiser is not received by the due date;
(ii) the Advertiser is in breach of any of these terms and conditions; or
(iii) the Advertiser becomes insolvent or unable to pay its debts or has an order or application or resolution made for its winding up or has a receiver or administrator appointed over it or makes an arrangement with its creditors or suffers any similar consequence of debt.
6. Publisher’s Liability
6.1 The Publisher shall be liable only as explicitly set out in the Order and these terms and conditions and any terms implied by law which are able to be excluded are excluded. The Publisher will not be deemed to have made any representation or entered into any warranty not contained in these terms and conditions.
6.2 The Publisher shall in no circumstances be liable for indirect loss, management time or loss of profit.
6.3 Without prejudice to the above the Publisher’s liability shall be limited to the fees paid by the Advertiser and the Publisher shall have no further liability, it being accepted that no limitation applies to liability for fraud or death or personal injury arising from the Publisher’s negligence.
7 Other terms
7.1 The terms and conditions, and the Order, may only be varied by written document signed by both the Advertiser and the Publisher.
7.2 No failure or delay by the Publisher in enforcing its rights shall prevent it from enforcing some or all of them in the future.
7.3 If any of these terms and conditions are invalid or unenforceable only the offending part shall be deemed deleted and the remainder of the terms and conditions shall be unaffected.
7.4 The Advertiser’s rights or obligations may not be assigned to any third party but the Publisher may assign its rights and/or obligations by notice to the Advertiser.
7.5 These terms and conditions are governed by and construed in accordance with English law and you submit to the jurisdiction of the English courts in relation to any dispute or claim, without affecting the right of the Publisher to take proceedings in any other location.