TERMS AND CONDITIONS – ADVERTISING
1. About us
1.1 Company details. Barker Brooks Communications Limited (company number 08205584) (we and us) is a company registered in England and Wales and our registered office is at Gresham House, St Pauls Street, Leeds, LS1 2JG. Our VAT number is 150258336.
1.2 Contacting us. To contact us, telephone us on 01423 851150 or email us at accounts@barkerbrooks.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 18.2.
1.3 Our business. Events, media, publishing
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to your advertising with us (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Definitions:
Advertisement: using the Advertising Material, shall be all advertisements, insets, inserts (loose or fixed), sponsored articles or features to be printed in a Print Publication and/or to be published or otherwise displayed by electronic means via or as part of or in connection with any Online Publication and the placing of them therein.
Advertising Materials: the advertising copy.
Booking Confirmation: our written confirmation of the Order sent by email which shall include details as to the Fee and specification details sent on the accompanying email.
Copy Deadline: where applicable, the latest date (as shown on the Booking Confirmation and/or email at the time of the booking) by which you are obliged to give us full instructions and copy for carrying out your order in accordance with and subject to these terms and conditions.
Fee: our fees as detailed in the Booking Confirmation.
Online Publication: any website operated or controlled by us or other electronic medium (including, but not limited to, email communications and alerts), whether connected with or related to the title of a Print Publication or otherwise.
Order: your order for placing an Advertisement with us.
Print Publication: any magazine or other print material published by us.
Working Days: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
2.5 Where the context so admits, words importing the one gender shall include all other genders and words importing the singular shall include the plural and vice versa. A reference to a statute, statutory provision or other legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment.
3. Advertisement
3.1 Order. Please review and sign the Booking Confirmation to confirm the Order. The Booking Confirmation will be emailed to you by one of our representatives. You will be responsible for ensuring all the details in the Booking Confirmation are correct and immediately notify us of any changes that need to be made.
3.2 Accepting the Order. Our acceptance of the Order takes place when we email you the Booking Confirmation, at which point and on which date (Commencement Date) the Contract between you and us will come into existence.
3.3 Term. The Contract will take effect on and from the Commencement Date and end as specified Booking Confirmation.
4. Your obligations
You hereby warrant, represent and undertake to us that:
4.1 you, and your representatives, have the right to enter into the Contract;
4.2 you will give us reasonable notice of any changes to your name, trading style, identity, address;
4.3 you shall deliver all copy for the Advertisements to us in an approved digital format and/or file configuration by the Copy Deadline;
4.4 the publication of the Advertisement by us (either in the Print Publication or Online or both, as the case may be) in the form originally submitted by you will not breach any contract with a third party or infringe any copyright, trade mark or other proprietary right of any third party or otherwise be unlawful or render us liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever;
4.5 in the case of any Advertisement submitted for publication by you nothing shall be in breach of data protection regulations;
4.6 the Advertisement complies with the requirements of all relevant legislation;
4.7 all advertising copy submitted to us is legal, decent, honest and truthful, and complies with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority;
4.8 all instructions, artwork or other material submitted to us by electronic means shall not contain software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, and shall not be corrupted;
4.9 any information supplied in connection with the Advertisement is accurate, complete and true;
4.10 you have retained sufficient quantity and quality of any artwork, film or other materials and copy relating to the Advertisement as we shall not be liable for the loss of or damage to any of these items submitted to us.
5. Advertising Materials
5.1 We shall be entitled at any time to require you to amend the Advertising Materials and/or an Advertisement or refuse (without notice) to publish any Advertisement for the purpose of:
5.1.1 complying with any legal or moral obligations placed on us or you; or
5.1.2 avoiding the infringement of (i) the rights of any third party or (ii) the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority or (iii) any other applicable law; or
5.1.3 meeting to our reasonable satisfaction the production and quality specifications stipulated on the Booking Confirmation or otherwise.
5.2 We reserve the right at our discretion and without notice to you to decline to publish, or omit, alter, suspend or change the position of any Advertisement accepted for insertion, or publication.
5.3 All copyright and all other rights of a similar nature that are created or exist in material originated by us in connection with the publication of the Advertisement remains vested in us.