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Terms and Conditions of Advertising In Brit Chopper Magazine |
Standard Terms and Conditions (Advertising)This page sets out the standard terms and conditions applying to advertising orders. These terms and conditions shall be deemed incorporated by reference into any advertising order submitted by the Advertiser and accepted by Brit Chopper Limited. 1) Definitions (b) The "Advertiser" is the party named as such in the Advertisement Order Schedule. (c) The "Advertisement Order Schedule" is the document issued by Brit Chopper Limited and setting out the particular details of an advertisement order. (d) The "Standard Terms and Conditions" means the terms and conditions set forth herein. (e) The "Advertisement Contract" is the contract made between Brit Chopper Limited and the Advertiser and comprises both the Advertisement Order Schedule and the Standard Terms and Conditions. (f) The "Advertisement Contract Period" is the duration of the Advertisement Contract, as specified in the Advertisement Order Schedule. (g) "Technical Specifications" means the technical requirements pertaining to any advertisements placed on any website operated by Brit Chopper Limited. These Technical Specification are subject to change by Brit Chopper Limited without notice. (h) In these Terms and Conditions, the singular includes the plural and the plural includes the singular.
2) The company 2.2 The company is registered at Companies House as Brit Chopper Limited Reg. no.5868387. The companies registered address is 29 California Crescent, California, Norfolk, NR29 3QP.
3) General 3.2 No terms and conditions other than those set forth herein shall apply or be binding on Brit Chopper Limited unless specifically agreed to in writing by Brit Chopper Limited. In particular, Brit Chopper Limited shall not be bound by any conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser. 3.3 The terms and conditions set forth herein apply to all advertising orders placed.
4) Advertisers' Representations, Indemnification and Warranties 4.1.1 It is the owner of the contents of the advertisement, is licensed to use the contents of the advertisement or that it otherwise has the right to publish all of the contents of the advertisement, including, without limitation: the names and/or pictures of persons; any copyrighted material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services; any testimonials or endorsements. The Advertiser further warrants that it can grant to Brit Chopper Limited the right to publish the entire contents of the advertisement and that such publication will not: (a) infringe any rights of any third party, including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation. 4.1.2 The advertisement does not contain anything that is defamatory, obscene, false or misleading. 4.1.3 It has complied with any applicable national or international codes of practice in respect of electronic and on-line advertising, including those issued by the Committee of Advertising Practice in the United Kingdom and the Advertising Standards Authority for Ireland . 4.2 The Advertiser agrees to indemnify and keep indemnified Brit Chopper Limited and to hold Brit Chopper Limited against any and all expenses, damages and losses of any kind, including reasonable legal fees and costs, incurred by Brit Chopper Limited in connection with any claims, actual or threatened, of any kind (including, without limitation, any claim of copyright infringement, libel, defamation, breach of confidentiality, breach of statutory or regulatory duty, false or misleading advertising or sales practices) arising from the advertisement and/or any material (of the Advertiser or otherwise) to which users can link through the advertisement.
5) Provision of Advertising Materials 5.2 The advertising materials provided pursuant to paragraph 5.1 above must be submitted in accordance with Brit Chopper Limited's practices and policies, including, without limitation, the Standard Terms and Conditions, the relevant Technical Specifications, the manner of transmission to Brit Chopper Limited and the lead-time prior to publication of the advertisement. 5.3 Brit Chopper Limited will not be required to publish any advertisement that has not been received in accordance with the provisions of this section and reserves the right to charge the Advertiser, at the full rate specified in the Advertisement Order Schedule or on any website operated by Brit Chopper Limited, for inventory held by Brit Chopper Limited pending receipt of acceptable materials from the Advertiser which are past due.
6) Amendments to Advertising Materials 6.2 Notwithstanding paragraph 5.1, Brit Chopper Limited reserves the right to refuse any amendments to the advertising materials if: (a) they do not meet the requirements of section 4 and/or section 5 and/or any other terms and conditions set forth herein; or (b) there is less than one month remaining of the Advertisement Contract Period; or (c) for any other reason, as determined solely at the discretion of Brit Chopper Limited.
7) Positioning, Insertion and Removal 7.2 Notwithstanding paragraph 7.1, Brit Chopper Limited reserves the right to move advertisements as part of any restructuring or reorganizing of any publications operated by Brit Chopper Limited, or any page or part thereof, or for any other reason. In such circumstances, Brit Chopper Limited will make reasonable efforts, but does not warrant, to place the advertisement in a similar position with an equal or better profile. Brit Chopper Limited also reserves the right, as part of any restructuring or reorganizing of any publication operated by it or for any other reason, to change without notice the location of any particular page on the World Wide Web (as determined by the uniform resource locator or "url"). 7.3 Subject to paragraphs 7.1 and 7.2 above, the positioning of any advertisement within a website operated by Brit Chopper Limited is at the sole discretion of Brit Chopper Limited. In particular, Brit Chopper Limited will not be prohibited from carrying and displaying in an adjacent or otherwise proximate position advertisements for any product, service or business competitive to the product, service or business of the Advertiser. 7.4 Brit Chopper Limited does not warrant the date or dates of insertion or publication of any advertisements and does not warrant that advertisements will not be displayed after the end date specified or the expiration of the Advertisement Contract Period. However, Brit Chopper Limited will make reasonable efforts to comply with the Advertiser's wishes in these regards.
8) Right to Reject Advertisement
9) Renewal
10) Statistics
11) No Assignment or Resale of Advertisement Space
12) Terms of Payment 12.2 Unless agreed otherwise in writing, the full cost of the advertisement order is payable in full prior to the start date of the advertisement order. 12.3 Where it is agreed in writing that payment can be made following the start date of Advertisement Contract Period, the following procedure will apply, unless agreed otherwise in writing. The Advertiser will be invoiced on the first day of the Advertisement Contract Period set out in the Advertisement Order Schedule. The Advertiser must ensure that payment is made to Brit Chopper Limited in UK pounds sterling within thirty (30) days after the date of the invoice ("the Due Date"). If payment is not made by the Due Date, Brit Chopper Limited reserves the right to make an administration charge of up to UK £25.00 (twenty-five pounds sterling) in the first instance and to make further administration charges as it deems appropriate thereafter if the payment remains outstanding. All administration charges will be notified at least 48 (forty-eight) hours in advance to the Advertiser before being applied. All amounts paid by the Advertiser after the Due Date will bear interest at the rate of one and a half percent (1½%) per month (or the highest rate permitted by law, if less) above the base lending rate of the Brit Chopper Limited's bank, from time to time, from the Due Date until the date payment is received, whether before or after judgment. In the event of any failure by the Advertiser to make payment, the Advertiser will be responsible for all expenses (including legal fees) incurred by Brit Chopper Limited in collecting the amounts due. The Advertiser warrants that it contracts with Brit Chopper Limited as principal notwithstanding that the Advertiser may be acting as an advertising agency or media buyer or in some other representative capacity. 12.4 In the event that the Advertiser pays any amounts due with a credit card and the issuer of the credit card fails to pay the amounts authorized by the Advertiser, the Advertiser shall immediately remit full payment to Brit Chopper Limited, plus any interest due on the outstanding amounts, calculated in accordance with paragraph 12.3. In such circumstances, Brit Chopper Limited reserves the right to make an administration charge of up to UK £25.00 (twenty-five pounds sterling) in the first instance and to make further administration charges as it deems appropriate thereafter if the payment remains outstanding. In addition, if the Advertiser pays any amounts due with a credit card and the issuer of the credit card seeks to recover from Brit Chopper Limited any amounts received by Brit Chopper Limited from the issuer, the Advertiser shall immediately remit to Brit Chopper Limited all amounts necessary to comply with the issuer's request and any costs and expenses incurred by Brit Chopper Limited. 12.5 Non-payment of the amount due shall not relieve the Advertiser of it's obligations in the performance of the Advertisement Contract.
13) Limitation of Liability 13.2 In no event will Brit Chopper Limited be responsible for any indirect, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production and anticipated savings arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Advertisement Contract. 13.3 Without limiting the foregoing, Brit Chopper Limited will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, equipment or software loss or failure, computer viruses or any other condition beyond the control of Brit Chopper Limited, including technical difficulties of the Internet Service Provider used by Brit Chopper Limited, affecting production or delivery in any manner. 13.4 . Each of the provisions of this section 12 are to be construed separately and independently of the other, and if any provisions of this section (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this section (or any other clause herein) which will remain in full force and effect.
14) Choice of Law and Forum
15) Miscellaneous
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