Terms of service
The expression “The Company” shall hereinafter mean Ads4less and shall include the successors in title and assigns of that company.
The expression ”The Advertiser”, where ever it hereinafter appears, shall mean the person, firm or company by whom an order for an advertisement booking is placed and shall also mean and and shall include the Advertiser’s successors in title and assigns.
The expression “advertisement copy” shall mean any advertising material intended for use by the Company.
The expression “working day” shall mean any day of the week from Monday to Friday inclusive except any Bank or Public Holidays.
An Advertiser who is an advertising agency shall be deemed to contract as principal and will accordingly be responsible for the payment of accounts and will be deemed to have full authority in all matters connected with the placing of-orders and the approval of amendments of advertisement copy.
ACCEPTANCE OF ORDER
The placing of an order with the Company by the Advertiser will be deemed an acceptance of these terms and conditions by the Advertiser.
No terms or conditions other than those set forth herein shall be binding upon the Company or the advertiser unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.
ACCEPTANCE OF PRODUCTION
The Production Order is accepted on the clear understanding that the main points to be included in the advertisement are clearly written down by the client in the order priority at least 7 days before the due date of the production. Advertisement copy must be delivered not less than 7 clear days before the scheduled campaign.
If the client fails to deliver advertisement copy in accordance with the provisions of this paragraph they shall remain liable to pay for the advertisement.
The Company at any time may without incurring any liability what so ever to the client, add or delete, change or otherwise amend advertisement copy if in the opinion of the Company the advertisement contains unsuitable or unlawful copy but the client shall remain liable to pay for any such advertisement.
TERMINATION & CANCELLATIONS
Once the order has been placed by the client and the Company has started processing through its administration and production departments, the Client will continue to be liable for all expenses incurred up until such time as a written cancellation order is delivered to the Company offices during its business hours (Mon-Fri 9am-6pm) and signed receipt is obtained from a company official verifying acceptance of such notice.
Under no circumstances can a cancellation of an order be sent or accepted over the telephone or by email.
Either party may terminate this Agreement by giving to the other notice in writing no later than 28 days before the scheduled start date of the Campaign.
Termination by the Advertiser will result in a cancellation charge of 50% of the Fee plus a reimbursement to the Company of all costs incurred on the date of termination in respect of the Campaign, payable in full by the Advertiser on the date of termination.
MATERIAL & PROPERTY LIABILITY
The Company cannot accept liability for the loss, damage to any property of the Advertiser or delay in delivery of advertising.
ACCOUNTS and PAYMENT
Unless a credit facility has been agreed, all payments are due in advance of the commencement of the campaign.
Where credit facilities exists payment is due by the 14th of the month following broadcasts.
The late payment of commercial debts (Interest) Act 1998 applies to this contract and the Company reserves the right to charge interest at 8% above the Bank of England base rate on any amount outstanding beyond the due date.
Failure to comply with the payment terms will render any and all discount given under contract null and void and the advertiser shall be liable for the Total Gross Cost plus VAT.
All accounts outstanding on the last day of each month or part thereof will be charged interest at the rate of 2% per month. Each time a cheque is unpaid/dishonoured by the bank, it will incur a charge of £50 plus VAT, as well as other administrative costs, i.e. if a cheque is unpaid/dishonoured three times, the charge will be £150 plus VAT plus administrative costs.
All reminders on overdue accounts are charged at £10 per reminder or £25 per personal visit by the Company representative, along with the standard 2% interest charge. If the Advertiser does not keep to their schedule of payments as agreed or within the terms of this contract, then any discounts allowed to the Advertiser shall become null and void and the entire amount shall become due for payment.
WARRANTIES & INDEMNITIES
The Advertiser warrants and undertakes that they will be responsible for obtaining and paying for all necessary licenses and consents for the advertising of any advertising copyright material contained or the inclusion of any person in their advertisement.
No advertisement copy will breach the copyright or other rights or be defamatory of any third party nor shall be in breach of English Law.
They will indemnify and keep the Company indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liabilities, arising from any breach of the above warranties or in any manner whatsoever in consequences of the use, recording or broadcasting of any advertisement copy or matter supplied by or broadcast for the Advertiser.
CHANGES OF RATES OF CONDITIONS
The Company may from time to time make special changes and / or conditions for certain types of advertisements or for bookings at certain specified periods.