1. Agreement
1.1 This is an agreement between you and BCS Multimedia ("BCS") regarding
the provision or use of one of its services. The "Service" is defined as one or more
of the following: an advert in one or more of BCS`s Emergency Journal Publications
and or a Web Site Design and Hosting Service and or our Media Solutions.
1.2 You accepted
this agreement when telephoned to confirm your order and by accepting the "Service"
you have agreed to: 1. to be bound by our terms and conditions contained in this
agreement and posted on our website www.bcsmultimedia.org 2. All details contained
on your order confirmation and invoice.
1.3 Charges and Payment
1.4 In consideration
to BCS providing you with the Service, materials and information you agree to pay
the amount specified in your order confirmation and or invoice on the times specified
therein. Unless otherwise specified in the Order Confirmation and or invoice all
payments must be made within 21 days of invoice date. If you fail to pay the amount
specified on the order confirmation and or invoice on the times and dates agreed
the full un-
2. BCS Multimedia
(hereafter referred to as BCS) will publish in a journal which is published by BCS
on the date referred to in the schedule appearing on the reverse side of these conditions
an advert/s more particularly set out in schedule hereto on behalf of the client
named in that schedule (the Client).
3. A contract shall exist between BCS and the
Client from the time that a member of staff of BCS Telephones the Client to confirm
the Client’s order the details of which appear in the schedule (which telephone conversation
will be recorded) and it is confirmed that these terms and conditions have been agreed
as forming part of the contract between BCS and the Client.
3.1 Any Advert that is
to be published must be submitted to BCS at least 7 days before the date of publication,
and BCS have the right to reject any advert as unsuitable for publication or to amend
the same, and in the case of rejection, the Client will be liable to pay a cancellation
charge of 15% unless BCS receive a suitable replacement advert not less than 7 days
prior to publication.
3.2 It is the responsibility of the Client to supply BCS with
full details of the advert or other entry in the publication within 7 days hereof
and if such details are not supplied BCS may complete the advert by placing therein
the name, address, telephone number and contact details from the information supplied
at that date from the Client and the Client shall be liable for the fees of BCS in
full.
4. BCS reserve the right to cancel any publication without liability to the
Client, and for any reason at BCS’s discretion, but will not make any charge to the
Client unless by agreement with the Client the advert is placed in another publication
issued by BCS, and to be agreed between the parties hereto.
5.1. It is the duty of
the Client to ensure that the contents of any advert are true and do not breach any
legislation, and the Client agrees to indemnify BCS against any action brought against
BCS by any third party as a result of the publication of the advert.
5.2 The Client
warrants to BCS that it will be able to fulfill any promise made in the advert and
that any goods supplied thereunder or service to be rendered will comply with any
statute relating to the same.
6. BCS acknowledges that if it has received confidential
information from the Client to enable it to carry out the advertising then it undertakes
with the Client not to divulge that information to any third party whomsoever or
whatsoever, unless it is necessary to do so to carry out the advertising, and then
only as far as is necessary, but this obligation shall cease in respect of information
which shall enter the public domain from sources outside BCS.
7. BCS shall be under
no obligation to the Client as to the positioning of the advert in the publication
(unless specifically referred to in the schedule), and may alter the shape of the
advert so that it may fit better in to the publication, but not so that the contents
or impact of the advert are altered or substantially diminished.
8.1 BCS shall forward
to the Client a proof form of the advert with, or as soon as possible after the issue
by BCS of confirmation of the Client’s order and the Client shall have 7 days to
respond thereto (unless there are less than 7 days prior to publication, in which
case the Client must contact BCS by telephone on the date of receipt) failing which,
BCS shall be entitled to assume that the proof is acceptable as drawn and proceed
to publication as per the proof.
8.2 The contractual sum due to BCS includes the
provision to the Client of a rough design work of the advert followed by finished
artwork (but not to include the taking of photographs, colour separations, tint laying,
or the design of corporate logos) and the submission of a proof by BCS to the Client
for the Client’s reasonable approval prior to publication always providing that if
BCS shall submit two proofs which are not so accepted by the Client, BCS may make
an additional charge for each further proof submitted and in all cases this clause
is conditional upon the Client observing in full the obligations and time limits
imposed upon the Client by these terms and conditions.
9. This agreement shall be
deemed to have commenced on the date that the client confirmed the order("The Acceptance
Date") and(Subject to earlier termination in accordance with the provision of clause
10) shall continue in effect for a period agreed between the customer and BCS`s agent.
9.1
If any provision of this agreement is held to be invalid or unenforceable, such provision
shall be struck out and the remaining provisions shall remain enforceable.
9.2 BCS
disclaims all liability in contract (including negligence) or otherwise in connection
with the service (advertised)and/or alliance partner service for any indirect, incidental,
third party, special or consequential loss, loss of profit, revenue, savings or data
which may result from the use, delays in use, or inability to use the service (advertised).
10. Despite the terms of clause 9 hereto BCS may at it’s discretion release the Client
from this contract at the Client’s request made no later than 7 days after the date
of order, but BCS reserve the right to charge the Client an administration fee as
a term of such cancellation.
11. The Client will pay the fee agreed with BCS for the
advert shown in the schedule on receipt of BCS’s invoice therefor which BCS shall
forward to the Client with a copy of the publication in which the advert appears
as soon as possible after the date of publication thereof.
12. The Client shall not
be entitled to withhold payment or any part thereof because the advert when published
did not yield the result the Client hoped for provided that BCS carried out the publication
thereof as herein before provided.
13. Please note that the company does not consider
the failure of the client to contact BCS at any point as notice of cancellation of
an order. Cancellations must be received within 7 days of confirmation and must be
in writing..
14. BCS reserves the right in the event that:
1) A publication is deemed
not to be viable, or
2) If the Client fails to provide requested information within
a specified time BCS may place the advertisement in a relevant sister publication.
15.
If the customer fails to pay the Company any sum due pursuant to the Contract, the
customer shall be liable to pay interest to the Company on such sum from the date
due for payment at the annual rate of 8% above the base rate set by the Bank of England,
accruing on a daily basis until payment/s made, whether before or after any judgement."
We understand and will exercise our statutory right to interest under the Late Payment
of Commercial Debt (Interest) Act 1998 if we are not paid according to agreed credit
terms."
Modifications to our terms and policies: We reserve the right to modify our terms, conditions and policies and this agreement at our sole discretion. We will do this by amending the terms on our website www.bcsmultimedia.org