Terms and Conditions
1. This Agreement shall in all respects be construed as an English Contract subject to English Law.
2. It is hereby agreed the Agreement between the Company and the Client is only transferable with the express permission of the Company.
3. The Company reserves the right to withhold, withdraw or refuse any advertisement before final publication.
4. It is hereby declared and agreed that this Agreement contains all Terms & Conditions between the parties hereto and the Company has made no warranty (oral or otherwise) except as expressly stated herein, and it is further agreed and declared that no alterations shall be made by the Client unless endorsed on the Agreement and initialled by the Company’s Agent.
5. The Client agrees, unless herein endorsed by the Company’s Agent, to produce sufficient information and/or images at the time of signing this Agreement or within 7 days of this Agreement, otherwise the Company reserve the right to produce the advertisement in the manner and form it considers suitable, using the Client’s details contained herein.
6. Publication of the advertising medium will commence at the earliest possible date after all Client and Venue proofs are deemed to be correct.
7. No Client’s advertisement shall enjoy a preferential position or monopoly rights on/within the advertising medium.
8. The Client shall indemnify the Company against all claims in respect of any alleged infringement of copyright, trademark or design. The Client further agrees that any images or content supplied by the Company may not be used by the Client in any subsequent media without the expressed permission of the Company.
9. The Company reserves the right to change the shape, size and locale of the advertisement. In the unlikely event that the venue ceases to trading, the ownership changes or if there is any problem regarding the production or distribution of the advertising medium, the Company reserve the right to transfer the Client’s advertisement to the available nearest venue.
10. A compulsory annual artwork charge of £95 + VAT is payable to the Company at the same time as the balance of the 2nd year and annually thereafter. This charge covers the cost of an initial design, all amendments until and after production, a copy of the artwork supplied on disk, if requested in writing by the client* and a copy of the product, sent via post when printed. *Request must be sent via Recorded Delivery.
11. If payment of an installment hereunder is not made on the due date then the whole of the balance outstanding under this Agreement shall immediately become due and payable, plus costs of collection. Interest is calculated at the rate of 8% per annum in accordance with section 69 of the County Court Act 1984. The Client hereby agrees to the jurisdiction of the County Court Chorley Lancashire or the High Court Preston District Registry at the discretion of the Company for the resolution of any dispute.
12. The Client agrees that the publication may take up to six months to produce from start to finish and the date upon which the advertising medium is produced will be the start date of the advertising period.
13. If you break the Terms of your Agreement we will charge you up to £25 + VAT for any of the following:
1. Unpaid, returned or recalled Bankers Orders
2. Unpaid, returned or recalled cheques
3. Unpaid invoices
4. Letters sent to you as a result of your breach of this Agreement
14. If the client does not wish for their advertisement to appear after the expiry of the initial 2 year Advertising period, the Client must serve notice in writing by recorded delivery post to that effect to the Company no later than 12 months after the date on this Agreement. Failing which this Agreement will become a twelve month rolling contract at the same yearly value as overleaf plus artwork charge. It may only be terminated by either party upon twelve months written notice, which must be given to the party in accordance with clause 19 and which, must be expressed to expire on either the date twelve months after the last day of the initial Advertising period or any anniversary of date twelve months after the last day of the Initial Advertising period.
15. If payment of an installment hereunder is not made on the due date then the Company have the right to withdraw the advertisement from the Publication. The Client shall nevertheless remain fully liable for the total contractual value outstanding under this Agreement.
16. Telephone calls made to or from the Companies premises may be recorded or monitored.
17. Should Act of God, War or the Queen’s enemies, Act of Parliament or other Government action, strike action, postal delay, extreme weather conditions, force majeure, disaster conditions, or any other reasons beyond the control of the Company occur, the Company shall be excused from carrying out the conditions until a normal situation has returned.
18. No notice to the company shall be binding, valid or effective unless sent by recorded delivery post to the Company’s address as set out overleaf.
19. In a Court of Law, each of the above conditions shall be read and construed independently of each other so that if one or more is held to be unfair/invalid as an unreasonable restraint of trade or for any other reason whatsoever, then the remaining Terms & Conditions shall be valid to the extent that are not held to be invalid. Further, in the event that any Term & Condition shall be found to be void but will be fair/valid if some part thereof were deleted, then such Term & Condition shall apply with such modification as may be necessary to make it fair/valid and effective.