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The terms and conditions set out herein shall govern all relations between Exmouth Council of Voluntary Services and Buyer of Advertisement Space. The placing of an order or request to do so shall constitute acceptance of these terms and conditions. Any other proposed conditions or variations to these conditions shall be void and/or unenforceable unless specifically accepted by the Publisher in writing.
1. Definitions
In these conditions, the term Advertisement or Advertisement Space means Classified or Display advertising in print or digital formats as applicable Buyer You or Your means the advertising agency or media buyer placing the Advertisement with Us on behalf of an advertiser or an advertiser placing the Advertisement with Us direct The terms ECVS, Us, We or Our means Exmouth Council of Voluntary Services whose registered offices are situated at CVS Office, Ground Floor, Exmouth Town hall, St. Andrews Road, Exmouth, EX8 1NW (Charity Registration umber ). Classified Advertisement means any advertisement which is listed within a classified section of our print or digital editions including without limitation job and associated advertisements, notices, education services OR any advertisement featured in specially constructed positions of the ECVS website. Display Advertisement means any advertisement that runs without a classification heading usually being placed opposite to articles or in an especially constructed advertising section of our print or digital publications and excludes any Classified Advertisement.
By placing the Advertisement with the Publisher, the Buyer grants the Publisher an irrevocable, royalty free, worldwide licence, to reproduce the Advertisement in the designated publication in any medium howsoever, known now or yet to be invented. Unless otherwise stated, we will not charge you for any artwork or advertisement design we produce but copyright in such artwork shall be retained by Us and may only be reproduced by You or any third party with our express written permission. Where any Advertisement is typeset by us and/or included within our template, the rights therein remain with Us and neither You nor any third parties, may not reproduce such Advertisements using the foregoing without our express written consent. In no circumstances does the placing of an order confer the right to renew on similar terms. We may reject any future orders for any reason whatsoever.
4. Your Obligations
It is a material term of this contract that: I. All Advertisements in their entirety comply with the British Code of Advertising Practice or, where appropriate, the ABPI Code of Practice and other relevant codes under the general supervision of the Advertising Standards Authority and are legal, decent, honest and truthful. All advertisements must also
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comply with the provisions of the Medicines Act 1968 (as amended) or any regulations made under that Act and all other Acts of UK Parliament and applicable regulations, and law of the European Economic Community being in force or applicable in the United Kingdom, including without limitation all Advertisements which should comply with all relevant UK financial services and/or gambling legislation and/or under the Mail Order Protection Scheme; All Advertisements of Foods and Therapeutic Substances submitted by the Advertiser must disclose their essential constituents; Production or publication of the Advertisement will not breach any contract, infringe or violate any copyright, trademark or other personal or proprietary right or render the Publisher liable for any proceedings whatsoever; Any information supplied in connection with the Advertisement is accurate, complete and true;
Advertisements conform to our policy on acceptance of advertisements. I. The Editor of the publication in which the Advertisement is requested to appear has the right to query Advertisement copy, request additional information or refuse Advertisements for publication without disclosing reasons; 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 any copy by which any living person is or can be identified the Buyer or its client (if applicable) has obtained the consent of such living person to make use of such name, representation and /or copy. The Buyer will fully indemnify the Publisher fully in respect of any claims, costs, proceedings, demands, losses, damages, expenses or liability howsoever arising, directly or indirectly as a result of any breach or any performance of any of the representatives warranties or other terms contained herein or implied by law.
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time).Revisions to invoice payment dates will be included on Your invoices, so You must check each invoice. Payment must be received by us at our principal place of business or into our bank account by that date. Should You or your bank fail to make payment within the time specified above, we may impose an administrative charge of 25 per 7 days thereafter up to a maximum cap of 40 for debts under 1000 and 70 for debts over 1000 per Advertisement and charge interest on the overdue amount invoiced to you at the rate of 8% above the base rate of the Bank of England accruing from day to day including the day on which payment was due before and after judgement. Any such additional charges will be invoiced and payment of new invoices shall be due as specified in the invoice. Should you query any statement or invoice that we send to you, where this invoice includes multiple Advertisement charges, querying an individual charge shall not entitle you to withhold any payment in respect of the other charges included within the statement and/or invoice and these must be paid in accordance with the provisions above. Our right to interest and an administrative charge will not apply to any amount you contest in good faith. In the event that the original payment is not received by us by a due date set out above, we may revoke any credit terms and limits for any future orders that we may choose to accept. We reserve the right to withdraw credit arrangements from you at any time. We may give any information relating to your account with us to any other BMJ Group company and any trade association that we are a member of. You will be liable for any collection and on-payment of any VAT that should be collected from your customer and paid on to HM Customs and Revenue or any equivalent taxation in any jurisdiction. You will indemnify us for any claims, costs, proceedings or demands that may arise howsoever in respect of any breach of your obligations in this regard. We reserve the right to increase advertisement rates at any time or to amend the terms of the contract as regards to space or the frequency of insertions. In such event the Buyer has the option of not placing any further orders for Advertising. Existing accepted Advertising orders will be handled under the agreed terms.
Classified Advertisements:
Classified Advertisements may be cancelled or postponed without liability for payment, if notice if received by Us in writing by post or email to the BMJ Careers offices by the specified deadline for the relevant insertion date of the Advertisement. Amendments must be received by us in writing by post or email to the BMJ Careers offices by the published deadline, otherwise the previously submitted Advertisement will be published and You will be liable for payment.
Display Advertisements
Display Advertisements may be cancelled without liability for payment, if notice if received by Us in writing by post or email to the BMJ Display Advertising offices at least one month prior to the due date of publication. However where a Display Advertisement is cancelled with less than one months notice due to reasons of a named drug in an Advertisement being withdrawn or the Advertisement cannot continue without it being an unlawful publication, cancellation shall be permitted without liability for payment save and except where written notice is given to Us with 2 weeks or less prior to the publication date. In such circumstances You will be liable to pay despite the original Advertisement not being able to appear, however you may opt to substitute the Display Advertisement for a new Display Advertisement up to the same value for the original agreed Advertisement price, so long as this is received by Us in the required form no later than 24 hours prior to publication. Amendments must be received by Us in writing by post or email to the BMJ Display Advertising offices at least 24 hours prior to the publication date otherwise the submitted Advertisement will be published and You will be liable for payment. If the Buyer cancels the balance of the Advertisement contract, except in the circumstances stated above permitting cancellation without cost or if the Advertiser does not complete insertions within the specified contractual period, it relinquishes any right to any series discount to which it was previously entitled and Advertisements will be paid for at the appropriate rate.
7. Publishers Liability
The Publisher will endeavour to ensure that all Advertisements published in a digital form, are accessible in accordance with reasonable industry standards. You understand however that the digital platform(s) in which the Advertisement may appear will require routine, scheduled and urgent non-scheduled maintenance and experience some periods in which the Advertisement is not accessible. Where any Advertisement is not accessible to the majority of users of the digital media for a period of more than 36 consecutive hours (other than for a reason of Force Majeure as set out below) (the Period of Downtime), We will ensure the Advertisement remains accessible for an additional period, equivalent to the Period of Downtime and to the fullest extent permitted by law, this is agreed to be the sole remedy available to You for any direct or indirect losses, claims, proceedings and demands related howsoever to the Period of Downtime. The Publisher will not be liable for in tort contract or clause for any loss of profit, opportunity, goodwill anticipated saving revenue and or any other loss which is indirect consequential or economic from any cause whatsoever (other than as cannot be excluded by law) and the Publishers, maximum aggregate liability for any loss or damage arising out of or in relation to any Advertisement order by or on behalf of the Buyer whether in contract, tort or otherwise, shall not exceed the total amount of the charges for the relevant Advertisement paid by or on behalf of the Buyer and received by the Publisher in cleared funds. Nothing in these conditions seeks to exclude any liability than cannot be excluded by law. Except as set out in these conditions, all conditions, warranties, terms and undertakings express or implied, statutory or otherwise are in respect of the Publishers obligations are excluded insofar as permitted by law.