Terms and conditions of website usageWelcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Media 10 Limited’s relationship with you in relation to this website. Media 10 accept no responsibility whatsoever, for any products exchanged, bought or sold, either directly or indirectly, or for the quality, standard, authenticity, delivery, return, or servicing of any product, supplier or service featured on this website. Media 10 will remain entirely neutral and free of responsibility in matters concerning a discrepancy or dispute regarding any product exchanged, bought or sold, either directly or indirectly through this website, and such disputes must be settled entirely by the third parties involved.
Competitions
Terms & Conditions for Advertisers
1. All Advertisements accepted for publication by Media 10 Limited (“Media 10”) in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Purchaser shall be void unless accepted by Media 10 in writing. 2. In these conditions:
3. All Advertisements are accepted subject to space being available in the Medium. 4. Media 10 reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Purchaser’s assets, or any indication whatsoever of financial difficulties. 5. These conditions and all other express terms of the contract between Media 10 and the Purchaser shall be governed and construed in accordance with the laws of England and the parties hereby submit to the non – exclusive jurisdiction of the English Courts. 6. The purchaser warrants that the Purchaser contracts with Media 10 as principal notwithstanding that the Purchaser may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Purchaser is the Advertiser’s advertising agency, the Purchaser warrants that it is authorised by the Advertiser to place the Advertisement with Media 10. Delivery and Ownership of Materials 7. Copy must conform to Media 10’s requirements and Media 10 reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements. 8. Any intellectual property rights in designs prepared by Media 10 shall remain the property of Media 10 and such designs may not be reproduced without Media 10’s consent. 9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to Media 10 on request. Prices and Payment Terms 10. Prices published by Media 10 from time to time are subject to revision at any time and orders are accepted on the condition that the price binds Media 10 only in respect of the period specified in the applicable order form. 11. Series discounts apply only to orders placed in advance and completed within the agreed period. Media 10 reserves the right to adjust advance discounts and / or surcharge in the event of a series of Advertisements not being completed within that period. If the Purchaser cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 23, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate. 12. Prices are exclusive of Value Added Tax which the Purchaser shall additionally be liable to pay to Media 10. 13. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. Media 10 shall be entitled to suspend the provision of services if payment is not received within the terms shown on the invoice. Suspension of services will not invalidate invoices raised for the provision of those services. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the National Westminster Bank Minimum Lending Rate. Limitations on Media 10’s Liability 14. Except to the extent specified in paragraph 15, Media 10 shall not be liable for any loss or damage suffered by the Purchaser as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission, which detracts materially from the Advertisement, Media 10 will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Purchaser. No reinsertion, refund or adjustment will be made for any other error or omission. 15. The total liability of Media 10 to the Purchaser for any act or omission of Media 10, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to Media 10 for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, Media 10 shall not be liable for any loss of profits or business or for indirect or consequential loss. Media 10 accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date. 16. Media 10 accepts no liability for the quality of reproduction of any photograph or image supplied by the Purchaser, its agents or servants. Cancellation or suspension 17. Cancellation or suspension of an Advertisement by the Purchaser must be received in writing by Media 10 within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension are usually 30 days but may vary in accordance with differing production requirements for each Medium. 18. Media 10 reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Purchaser and shall notify the Purchaser as soon as possible. If such omission or suspension is due to the act or default of the Purchaser, the Advertiser or their respective servants or agents, then the Purchaser shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published. Purchaser’s Warranties and Indemnities 19. The Purchaser warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services. 20. If any Advertisement submitted for publication 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 readily identified, the Purchaser warrants that the Purchaser or the Advertiser has obtained the authority of such living person to make use of such name, representation and / or copy. 21. The Purchaser will indemnify and hold harmless Media 10 from and against any claim that the Advertisement infringes the copyright or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. Media 10 reserves the right to withdraw and / or refuse to publish an Advertisement without liability to the Purchaser if it reasonably believes that the Advertisement may make Media 10 or the Advertiser liable to any complaint, claim or proceedings. 22. The Purchaser is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold Media 10 harmless accordingly. PRINT ADVERTISING23. Copy must be supplied by the Purchaser without application by Media 10. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and Media 10 reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Purchaser, it must be returned by the date specified and Media 10 reserves the right to publish the Advertisement in the same form if any amendment is not received by the date specified. In any of these cases, the total price of the order will remain unaltered. 24. If, at its discretion, Media 10 considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Purchaser will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable. 25. Where an Advertisement has been accepted by Media 10 and includes inserts Media 10 reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion. 26. If the insert, when delivered, exceeds the agreed weight, Media 10 reserves the right to charge the purchaser any extra costs arising from the increased weight. 27. Charges will be made to the Purchaser where printers are involved in extra production work owing to acts or defaults of the Purchaser or the Advertiser. ONLINE ADVERTISING28. Media 10 will not commence the provision of services pursuant to any order form until that order form has been signed and returned. 29. If any services to be used within any time period specified on the order form are not used within that period, they may not be carried over into any subsequent period without prior written consent from Media 10. The purchaser will remain liable to pay for any unused services for which a signed order form has been received. 30. The purchaser must provide complete creative content to Media 10 at least 48 hours prior to the Advertisement going live in a format which complies with Media 10’s online advertisement formats for such content. 31. To cancel or alter a new order, the Purchaser must inform Media 10 by e-mail or facsimile to the number or address on the order at least 48 hours prior to the Advertisement going live. Otherwise the purchaser must pay the full amount set out in the order. 32. To cancel or alter a live monthly contract, the purchaser must give at least 30 days notice, in writing, to expire at the end of a contract month. 33. A contract month will commence on the start date shown on the order form and end the day before the same date next month. 34. On-line advertisements remain live for 28 days, or as specified on the order form. 35. If an Advertisement links to another site, the Purchaser is responsible for maintaining the link and for the content of the linked site. Media 10 may remove any Advertisement which contains content or links to another site which, in its opinion, is defamatory or objectionable or will bring Media 10 into disrepute. The Purchaser will indemnify Media 10 from and against any claims or liability arising from links contained in an Advertisement. 36. If Media 10 receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from the website without reference or liability to the Purchaser. 37. The Purchaser’s sole remedy if Media 10 or its third party subcontractors, where applicable, fail to correctly display any Advertisement will be the cost of re – running the Advertisement. Neither Media 10 nor its subcontractors shall be liable for any failure to display the Advertisement caused by circumstances outside their control. RECRUITMENT ADVERTISING38. Any Purchaser or Advertiser who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (“the Act”)) must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004. 39. Purchasers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment – related Advertisement and to indemnify Media 10 from and against any claim brought by an individual against Media 10 arising from a breach of this obligation or any other of these terms and conditions. 40. Media 10 does not guarantee any response to recruitment – related Advertisements or that responses will be from individuals suitable for the position advertised. It is the Advertiser’s responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the position advertised and have the required qualifications and personal characteristics for such a position. 41. Employment agencies or businesses advertising on line may be allocated a password to facilitate the direct management of their job postings for the duration of their contract. A password will not be issued unless Media 10 is in receipt of a signed order form. 42. Jobs posted on line must not exceed the number specified on the order form. Any jobs posted over this monthly commitment will be charged at the full rate card per job. 43. The following rules also apply to all on line recruitment related advertisements.
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