Terms & Conditions

General

Web and Guide Advertising

1. Definitions
   1. ‘Contract’ shall mean the contract for the supply of Work, and these conditions of business.
   2. ‘Company’ shall mean Postgrad Solutions Ltd or any subsidiary or associated company thereof.
   3. ‘Customer’ shall mean the person, firm or company whose order for Work is accepted by the Company.
   4. ‘Work’ shall mean the placement of advertising material in the Company’s print products, websites, ezines and emails.
2. The Company shall provide the Work subject to these conditions, which shall govern the Contract, to the exclusion of any other terms and conditions.
3. Each order for Work shall constitute a separate Contract with the Company.
4. The Customer warrants that [(a) in relation to an advertisement the Customer contracts with the Company as a principal notwithstanding that the Customer may be acting directly or indirectly for another person as an advertising agent or media buyer or in some other representative capacity]; (b) the reproduction and/or publication of the advertisement by the Company as originally submitted or as amended pursuant to Condition 5 will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render the Company liable to any proceedings (including but not limited to the defamation of any person) whatsoever; (c) any information supplied in connection with the advertisement is accurate, complete and true; (d) in respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be identified the Customer has obtained the authority of such living person to make the use of such a name, representation and/or copy; (e) the advertisement complies with the requirements of all relevant legislation (including subordinate legislation) the rules of statutorily recognized regulatory authorities and law of the European Economic Community for the time being in force in the United Kingdom and; (f) all advertising material submitted to the Company is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
5. The Company may, without derogation from the warranties contained in Condition 4, at its sole discretion refuse or require to be amended any artwork, materials and copy for or relating to an advertisement so as (i) to comply with the legal or moral obligations placed on the Company or the Customer or (ii) to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other relevant codes of practice, whether or not under the general supervision of the Advertising Standards Authority.
6. Artwork will be retained only for a period of six months after the last insertion when, unless claimed by the Customer, it will be destroyed. Furthermore, the Company will not be liable for any loss of copy, artwork, photographs or other materials, which in each case the Customer warrants it has retained in sufficient quality and quantity for whatever purpose.
7. The Company will not be liable for any loss occasioned by the failure of any advertisement to appear for any reason whatever.
8. No guarantee will be given for the insertion of an advertisement in any specified position in any specified publication or email, or on any specified web page.
9. The Company does not accept responsibility for any error contained in artwork or copy supplied to it by the Customer, unless any error has been corrected by the Customer on the proof supplied, which must be returned to the Company by the date specified. Corrections will be charged for after final copy has been cleared.
10. Where reproduction costs for any one advertisement (whether part of a larger order or not) exceed 10% of the agreed price for that advertisement, the Company has the right to separately and additionally invoice the Customer for those reproduction costs.
11. Advertisement rates are based on the prevailing publishing costs. Rates and series discounts are therefore subject to adjustment by the Company on one month’s written notice. In the event of any such adjustment, the Customer or his agent may exercise the option to cancel by giving 21 days’ notice in writing to the Company.
12. The acceptance of a Contract does not confer the right to renew on similar terms.
13. The Company retains the right to sub-contract or assign any part or all of the Work.
14. The Customer shall indemnify the Company in respect of costs, damages or other charges arising from the provision of information to readers and users of the publications or products in which the advertisement or information appears, supplied to the Company by the Customer.
15. The Customer will indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance by the Customer of any of the representations, warranties or other terms herein contained or implied by law so far as law allows.
16. Payment of all sums due to the Company under the Contract must be made in full by or on behalf of the Customer without any deduction or set-off whatsoever. In particular, no discount or deduction will be allowed by way of commission or other payment due to any agent of the Customer and any such commission or other payment due to any such agent shall be the responsibility of the Customer.
17. Accounts are exclusive of VAT, which the Customer shall additionally be liable to pay the Company. Payment is due in 30 days from the date of the invoice, which will be on the date of publication or, in the case of electronic and web products, the date at which the advertisement first appears.
18. If the payment is not made on the due date, the Company, without prejudice to its other rights, shall be entitled to charge, in addition to other monies due hereunder, interest on the overdue outstanding amount at the rate of 4% above the base rate of the National Westminster Bank plc from time to time from the due date until the outstanding amount is paid in full.
19. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these terms and conditions.
20. No charge will be made in respect of cancellations notified to the Company (Finance Department) in writing within seven days of the date of this order. A rebate of 50% of the order value will be paid in respect of cancellations made after this period but before proofing. Thereafter no rebate will be paid in respect of cancellations.
21. The Contract shall not be modified without the written agreement of a duly authorised representative of the Company.
22. The Contract constitutes the entire agreement and understanding of the parties in relation to its subject matter and supersedes any previous agreement between the parties relating to the subject matter of the Contract.
23. Both parties acknowledge and agree that in entering into the Contract neither party relies on, nor has any remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) to any person (whether party to the Contract or not) other than as expressly set out in the Contract as a warranty. The only remedy available for breach of any warranty shall be for breach of contract under the terms of the Contract. Nothing in this Condition shall, however, operate to limit or exclude any liability for fraud.
24. No waiver or indulgence by the Company shall be effective unless given in writing, and no such waiver or indulgence shall apply except in relation to the matter in respect of which it was specifically given.
25. A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms but this Condition 25 does not affect a right or remedy of a third party which exists or is available apart from that Act.
26. The Contract shall be governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.