TERMS AND CONDITIONS
1. The Company shall mean Community Initiatives Associates.
2. The advertiser shall mean the party placing with the Company the order for the insertion of the Advertisement.
3. (a) The company will ask the advertiser to send finished copy for their advert, furnishing correct sizes. If the advertiser fails to submit any or submits partial copy the company will prepare an advert independently including at least the advertisers business name and telephone number known to the company. This advert will be deemed to be accepted by the advertiser as accurate. (b) The company requires a signature approval for the prepared proof copy. However, if the advertiser does not sign off the proof copy, the company reserves the right to print the advert and duly invoice according to clauses 8 and 10 (c) It is the responsibility of the advertiser to check and amend where necessary proofs of adverts. The advertiser must submit amendments to the proof in good time and in accordance with any published deadline dates. If an advertisers amendments reach the company after the deadline date the advert will not be amended and the advertiser will accept that the advert is accurate as proofed. (d) The company cannot accept the accuracy of any advert supplied complete on disc, film, by ISDN, e-mail or in any other format. (e) The company advises that all material for adverts be sent by guaranteed delivery, courier or registered post. The Company cannot accept responsibility for late arrivals (f)Upon the receipt of an order by the advertiser to the Company, the Company may prepare a proof copy of the advertisement at it’s discretion. If the proof copy is not approved it can be changed by the advertiser but cannot be cancelled subject to paragraph 7 below.
4. Proofs of all work may at the discretion of the Company, be submitted for customer’s approval and the Company shall incur no liability for any errors not corrected by the advertiser in proofs so submitted,. A charge will be made for all proofs, customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to the Company’s judgement, changes there from made by the advertiser shall be charged extra. Further, if the company has not received copy from the advertiser by the printed deadline date then the company reserves the absolute right to insert an advert of its own design into the publication as agreed without the advertisers input. No proof of this advert will be sent by the company to the advertiser and the advertiser concedes the advert to be correct in both grammar and content.
5. (a) Any future on sale date specified is a genuine forecast in the light of current conditions but shall not be legally binding on the Company and is subject to extension to cover delays caused by events beyond the Company’s control. (b) The on sale date shall not be the essence of any contract.
6. Prior to furnishing the advertiser with an invoice the advertiser will have either a) received a confirmation call from the Company’s representative to check size of advert, cost, publication details, etc, or b) signed an order to accept the advert size, cost and issue. In the event that a signature cannot be obtained i.e. by way of telephone order then the confirmation details will deem to have been accepted as correct by the advertiser. Once an advertiser has offered a unique reference a contract between the company and the advertiser, governed by these terms and conditions will be in existence. The advertiser in all cases will receive written confirmation of the order including advert details and is at liberty to amend advertising copy and content for the advert up to 14 days from the date of order but cannot cancel the order subject to clause 7.
7. An order once accepted by the Company shall not be capable of cancellation by the advertiser save with the express written agreement of the Company and only upon such terms as the Company shall determine.
8. Advertising charges shall be in accordance with the published rates of the Company from time to time in force. The Company shall be at liberty to vary its rates without notice.
9. If payment is not made in full in accordance with clause 8 the Company reserves the right to pass all outstanding payments due to collection agents.
10. (a) The Company shall not be required to process any matter which in its opinion is or may be of any illegal or libellous nature or of an infringement of the proprietary, intellectual property of any other rights of any third party. (b) The Company shall be completely indemnified by the advertiser in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of Copyright, Patent of design or any other proprietary, intellectual property or personal rights contained in any material processed for the advertiser. The indemnity shall extend to any amounts paid on Lawyer’s Advice in settlement of any claim. (c) The Company shall be at liberty at any time to discontinue work if in the Company’s opinion such work may be libellous or illegal. In such circumstances the advertiser shall be liable to pay the Company for the work carried out prior to the date of discontinuance.
11. (a) All artwork, films and magnetic media produced or originated during the course of production of the goods shall remain the property of the Company who reserve the right to dispose of the same three months after completion of the Contract. (b) At the request of the advertiser this period may be extended and a charge may be made for the storage of these materials on a monthly basis. Whilst every care will be taken to keep the materials in good condition the Company accepts no liability for damage or loss of any kind. (c) All designs and visuals are submitted by the Company in confidence and unless otherwise agreed in writing, the Company owns the Copyright in them and the right to reproduce any such design remains its property.
12. (a) The Company may reject any paper, plates or other materials supplied or specified by the advertiser which appear to them to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Company in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer. (b) Where materials are so supplied or specified, the Company will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified. (c) The Company accepts no liability for any loss or damage to property left in the Company’s possession or in transit to or from the advertiser unless the advertiser has given written instructions requiring the property to be retained and has paid a storage charge including any charge for insurance. (d) Whilst every care and precaution is taken against loss of or damage to originals or other articles entrusted to the Company, all are held or placed in transit at the sole risk of the advertiser and no liability is accepted should damage or loss occur. (e) The advertiser is advised to obtain appropriate insurance.
13. The Company shall not be liable for any loss or damage occasioned by the total or partial failure (however caused) of the publication or distribution of any additional publication in which the advertisement(s) was scheduled to appear.
14. The Company shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation of furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the advertiser may by written notice to the Company elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
15. (a)This contract shall be governed exclusively by the Law of England and the Customer hereby accepts the jurisdiction of such Courts, whether in England or otherwise, as the Company may nominate for the purpose of trying any Action out of this Contract. (b) Where an order from an advertiser to the company includes a series of adverts in different publications, whether consecutive or not, the order will be treated as a single contract and clauses 6 and 7 will apply from the date of order of the entire series.
16. The company retains the right to terminate or suspend a series of adverts at any time subject to clauses 9, 10(a), 10(b), 10(c), 12(a), 12(b), 12(c), 12(d), 14
17. The advertiser cannot suspend, cancel, vary or terminate any or all of the adverts in the series. The advertiser must ensure that the content/copy of the advert is submitted to the company in accordance with the company’s published deadline dates. In the event that the advertiser fails to submit content/copy for adverts on time the company will prepare an advert independently including the advertisers business name and known telephone number and duly invoice the advertiser in accordance with these terms and conditions.