“The Publisher” means BMS Advertising a Division of BMS Marketing Services Ltd.
“The Advertiser” means the person, firm or company entering into this contract incorporating these terms and conditions.
“The Distributor” means the distributor into whose publication or website the advertisement is to appear.
2. Application of the Terms and Conditions
The terms and conditions set out herein shall apply to all contracts for advertisements, which placed by the advertiser and confirmed accepted by the publisher. No other terms and conditions shall be binding upon the parties, and this contract embodies the entire understanding of the parties and there are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by the publisher and attached here-to.
3. Supply of Artwork and Copy Matter
(a) Where the advertiser contracts to supply their own artwork, this must be of suitable quality and standard to the correct size and must be supplied within 7 days from the signing the advertising agreement or contract. No liability accepted for damage howsoever caused to advertiser’ original artwork and advertisers are advised to insure goods in transit as required.
(b) Where the advertiser contracts to supply their own text, this must be supplied within 7 days from the signing the advertising agreement or contract.
(b) Where the advertiser is not supplying their own artwork and text and requests the publisher to prepare copy artwork , and or text, the advertiser must supply all copy matter necessary for preparation of the advertisement within 7 Days of the signing the advertising agreement or contract. The publisher will then submit a proof which, if a response is not received within 3 Days, will be assumed to be correct and the advertisement proceeded with. Any corrections or amendments to the proof will not necessarily entitle the advertiser to a further proof. The publisher will not be held responsible for poor reproduction of artwork if copy material supplied is of poor quality.
(c) If the advertiser fails to provide copy within the allotted time scales of the signing here-of, then the publisher reserves the right to prepare the artwork and text for the advertisement. The publisher will then submit a proof which, if not returned to the publisher within 3 Days will be assumed to be correct and the advertisement proceeded with. The publisher will use it’s best endeavours to obtain copy of a suitable nature prior to this action.
(d) In all disputes between the advertiser and the publisher concerning the contents of the advertisement the publisher shall have the right to amend the advertisement in any way it may, in its discretion, see fit.
4. Method of Payment
The full amount of the cost of the advertisement is payable on the signing here-of.
(a) Payment can be made via credit card, cheque, Bank transfer, or standing order.
(b) The full amount of the cost of the advertisement will be invoiced within 2 days of the order date.
(c) Full payment is due 7 days after invoice date.
(d) If payment of the advertisement contract price is unpaid for after 7 days of the due invoice date, the full amount shall immediately become due and payable, the publisher reserves the right to charge interest at 4 % above the current Barclays Bank rate on any outstanding balances overdue for payment.
(e) The right to add to the overdue account the costs incurred by employing an agency or solicitors in recovering that overdue account. On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us in instructing an agent or solicitor to act on our behalf in the recovery of the account.
(f) All payments becoming due and payable are to be made to the principle place of business of the publisher, save in the case of standing orders paid directly to the publishers bank as detailed on the standing order form.
5. Cancellation,Change,Closure or Disposal of Business
(a) The advertiser hereby agrees that this contract cannot be cancelled and in the event of a closure, change of location or change in style or nature of the business this agreement shall still continue and all liabilities hereunder shall accrue to the advertiser. The advertiser may change the copy matter and location of the advertisement by agreement with the publisher.
(b) The advertiser hereby agrees that in the event of the disposal of the business the agreement shall continue and the advertiser will endeavour to pass on the terms, obligations and liabilities to any purchaser or successor in the title, in the event the advertiser does not procure such agreement, the liabilities under this agreement shall continue to accrue to the advertiser.
(c) The advertiser hereby agrees that in the event of a disposal, change of address or change in name or ownership of the distributor, the advertiser shall raise no objection to the advertisement appearing on subsequent months of publication. In the event of there being a break in the continuity of the website or other publication, the period under this agreement shall be extended by such period of discontinuance of appearance.
(d) The publisher shall endeavour to ensure that in the eventuality of a disposal, or change in style or name of the distributors business, such successor in title to the distributors business and/or distribution rights shall honour the obligations and liabilities of the former distributor in the distribution of the publication in which the advertisement has been or will be displayed.
(e) The publisher reserves the right, in the eventuality that the advertising rights are withdrawn, or the advertisement is not accepted by the distributor, or that the distributor closes the principle place of distribution, to transfer the advertisement to an alternative, similar, publication or website for display within a similar (or greater) area of distribution. In the event that no similar pages,publications, or websites are available the publisher may cancel the advertisement and the advertiser shall only be liable for payment of a fee proportional to the period of actual display and distribution (if any) of the advertisement.
6. Warranty and Indemnity
The Advertiser warrants that:
(a) He/She will be responsible for obtaining and paying for all necessary licenses and consents for the display of any advertising or copyright material contained or the appearance of any person in his advertisement.
(b) No advertisement will be in breach of copyright or other rights or be defamatory of any third party.
(c) He/She will indemnify and keep indemnified the publisher against all claims, demands, proceedings, damages, costs, charges and expenses arising from breach of the above warranties or in any other way arising out of the publication of the advertisement or anything done as a result thereof.
7. Publication Date and Delivery
The publisher will endeavour to deliver the advert on the publication to the public as quickly as possible, but reserves the absolute right to determine the advert publication date. In the event of any delay in insertion, such delay will not prejudice any of the terms and conditions herein contained. All quoted dates are intended as a guide only as to commencement of display and do not constitute part of the contract.
9. Trade Monopolies
The publisher retains the right to accept and publish advertisements of a like or similar business trade occupation or profession to that of the advertiser.
10. Distribution and Design
The publisher reserves full rights over the design and presentation of the website or publication and from time to time vary the size/or design of the website or publication and amend or alter its colour schemes and will not be liable to advise the advertiser of such alterations and any or all such changes shall in no way prejudice the terms and conditions of this agreement. The publisher also reserves the right to place any company types on websites or publication and it is the duty of the advertiser to inform us if they do not wish to appear alongside specific company types.
(a) Any notices required to be given, hereunder shall be deemed effectively served if sent through the post, in the case of the advertiser to the last known place of business abode or its registered office as a company and in the case of the publisher to:
BMS Marketing Services Ltd,
Unit 31 Moorlands Business Centre,
(b) By interpretation this contract is deemed confirmed at the publisher’s place of business.