BRITISH DIETETIC ASSOCIATION

STANDARD CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS

1. DEFINITIONS in these Conditions
“the Advertiser” means the person placing with the Publisher the order for insertion of the Advertisement, which expression shall include any advertising agency involved in placing the Advertisement;
“Career Choices” means the periodical owned and published by the Publisher or as the case may be the on line service of the same name owned and managed by the Publisher;
“the Publisher” means the British Dietetic Association, publisher of Career Choices (including any supplement which is published, whether regularly or occasionally, as part of, or in association with, the periodical);
“Order Confirmation” means the form sent by the Publisher to the Advertiser and signed by the Advertiser confirming receipt of the placement of an order for publication in Career Choices;
“the Rate Card” means the Publisher’s advertising rates in effect for the time being and may include, among other matters, its scale of Advertisement rates, technical specifications, copy deadlines, setting styles and standard conditions;
“an Advertisement” means matters to be printed on the page or separately inserted or as the case may be inserted on the website.

2. WARRANTIES

2.1 The Advertiser warrants that:
2.1.1 in relation to an Advertisement the Advertiser contracts with the Publisher as a principal notwithstanding that the Advertiser may be acting directly or indirectly for another party as an advertising agent or media buyer or in some other representative capacity;
2.1.2 the advertising copy submitted to the Publisher and/or the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as an amendment shall:
2.1.2.1 not breach any contract or infringe or violate any intellectual property rights including without limitation copyright, trade mark (whether registered or not) advertising industry code of conduct or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever;
2.1.2.2 at all times comply with the British Code of Advertising and Sales Promotion Practice including but not limited to ensuring that such material is legal, decent, honest, truthful, accurate, complete and true and complies with all other relevant codes under the general supervision of the Advertising Standards Authority;
2.1.2.3 at all times comply with the requirements of all relevant legislation (including subordinate legislation, rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and
2.1.2.4 not be defamatory, obscene, offensive, abusive, threatening menacing, harassing, indecent or in breach of confidence, copyright privacy or any other rights.
2.1.3 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 copy by which any living person is or can be identified the Advertiser has obtained the authority of such living person to make such use of such name, representation and/or copy as made in the said Advertisement;
2.1.4 its material, including email attachments, is free from computer viruses and has been checked by a recognised virus checking agent;
2.1.5 its material is of good editorial quality. Material which in the reasonable opinion of the Publisher is not of good editorial quality or has spelling or other mistakes may be returned to the Advertiser for amendment or additional editorial input. Refusal to amend may at the Publisher’s option lead to the Publisher refusing to publish the material and deemed by the Publisher to be a cancellation in accordance with Clause 4 and subject to the payment provision therein;

3. INDEMNITY

The Advertiser will indemnify and hold the Publisher its directors and employees harmless against:
3.1 The full amount of any losses, claims, demands, expenses, costs, damages or other charges (whether direct or consequential) including without limitation, any economic loss or other loss of profits or goodwill suffered or incurred by the Publisher its directors or employees payable by the Publisher as a result of any claim against the Publisher arising from the publication of an Advertisement;
3.2 any claim made by any client of an Advertiser who is an advertising agency arising from the publication of an Advertisement placed by such an advertising agency; and
3.3 all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these Conditions or implied by law.

4. PUBLISHER’S RIGHTS

4.1 The Publisher may refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as:
4.1.1 to comply with the legal and moral obligations placed on the Publisher or Advertiser; and
4.1.2 to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specification stipulated or referred to in the Rate Card.
4.2 The Publisher has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However the Publisher will use reasonable efforts to comply with the wishes of the Advertiser although it does not warrant the date of insertion, the wording or the quality of the colour or mono reproduction of the Advertisement.
4.3 The Publisher has the right to change its scale of advertisement rate at any time.
4.4 If the Publisher considers it necessary to modify the space or alter the date or position of any Advertisement or insert or to make any other alteration, the Advertiser shall have the right to cancel if the alterations requested are unacceptable unless such changes are due to any emergency or circumstances beyond the Publisher’s control. Every care is taken to avoid mistakes but the Publisher cannot accept liability for any errors due to third party, sub-contractors or inaccurate copy instructions.
4.6 The Publisher reserves the right to charge the full Rate Card plus VAT for the cancellation of any Advertisement placed by the Advertiser.
4.7 Copy matter must conform to the Publisher’s requirements and any additional work involved may be charged for.
4.8 The Advertiser hereby grants to the Publisher the royalty free right and licence to use, reproduce, publish, store, distribute and display the material worldwide in accordance with these terms and conditions. No rights in the Advertisers Material shall transfer to the Publisher under these terms and conditions.

5. PAYMENT

5.1 No order placed by the Advertiser shall be deemed to be accepted by the Publisher until the Publisher receives the Order Confirmation signed by the Advertiser.
5.2 Credit accounts must be settled in accordance with the terms shown on the invoice. If payment is not received by the Payment Date the Publisher reserves the right to make a surcharge at the rate of 3% per month for the period outstanding and to suspend publication of all materials submitted by the Advertiser. Further and in addition should any monies become outstanding (“the Balance”) then all invoices raised whether at the Payment Date or subsequently by the Publisher in respect of all accounts held by the Advertiser (“the Entire Sums”) shall immediately become due and payable to the Publisher without formal demand. Any indulgence or delay on the part of the Publisher to claim payment of the Balance of the Entire Sums shall not be construed as a waiver on the part of the Publisher. The Publisher reserves the right to impose a surcharge at the rate of 3% per month on the Entire Sums commencing with the Payment Date.
5.3 Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press or the next booking in the case of internet advertisements, and in the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue to order at the revised advertisement rate.
5.4 If the Advertiser cancels the balance of a contract, all outstanding payments become payable immediately. No reimbursement of monies is payable for a contract or series of discounted bookings by the advertiser. The Publisher reserves the right to surcharge in the event of a series of insertions not being completed within the contractual period.
5.5 Advertising agencies not recognised by the Publisher and Advertisers placing business direct and who do not have a trading history with the Publisher must ensure that a deposit of £250 is paid prior to the order being accepted by the Publisher.
5.6 The Publisher will be prepared to provide account facilities to an Advertising agency not recognised by the Publisher or direct Advertiser once he has pre-paid and demonstrated a good payment record.
5.7 Where the Advertiser has undertaken to supply inserts or creatives which have been accepted and approved by the Publisher, the Publisher reserves the right to charge the full rate agreed for insertion if they fail to arrive at the agreed time, place or in a suitable condition for insertion.
5.8 Charges will be made to the Advertiser or his agent where the printers or service providers are invoiced for extra production work. These charges will be at the current scale agreed between the Publisher and his process house.
6. Discounts
6.1 Where an advertiser has been granted a discount (for example for a series booking) and the advertiser fails to settle within 28 days of the date of invoice the advertiser will be liable to lose the discount for that advertisement and shall be liable to pay the full rate card price of the advertisement.
6.2 Where the Advertiser fails to complete a series booking of display advertisements to the advertiser will become liable for the series discount.

7. LIMITATION OF LIABILITY

7.1 It is the responsibility of the Advertiser to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one). The Publisher assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error is brought to the attention of the Advertiser.
7.2 Subject to Clause 7.3 neither the Publisher, its directors or employees shall have any liability whatsoever to the Advertiser, its directors or employees for any direct, indirect or consequential loss or damage, cost or expense suffered or incurred, whether arising in tort, contract or otherwise and whether arising from the negligence of the Publisher, its directors, employees, agents or licensors and whether asserted against the Publisher or against Users of Career Choices arising out of the use or supply of Career Choices services including the delay or failure in meeting the date for starting the advertisement or the discontinuance of the Publication.
7.3 Any matter or complaint, claim or query other than that mentioned in clause 7.1 whether in relation to the Advertisement or the invoice must be raised by the Advertiser in writing within 7 days following (as the case may be) insertion of the Advertisement or on the date in which it is claimed the Advertisement should have appeared or of the receipt by the Advertiser of the invoice giving rise to it. Any such complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of the Publisher’s charges for that and all other Advertisements, and the Publisher’s liability is limited to a maximum at its option of giving credit for its charge for the Advertisement or (in an appropriate instant) of publishing the Advertisement for a second time without charge.
7.4 There is no obligation on the Publisher to supply voucher copies or tear sheets or where appropriate a website log file and their absence shall not affect the Advertisers liability for the agreed charge.
7.5 While all reasonable endeavours will be made as soon as possible after receipt by the Publisher of any replies to forward those replies to the Advertiser or as it may direct to Box numbers or email addresses, the Publisher accepts no responsibility in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies.
7.6 The Publisher will not be liable for any loss of copy, artwork, photographs, banner advertisements, images, sound files and animations or other materials which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose.
7.7 Should the Publisher omit or suspend an Advertisement on the grounds that the Advertiser has failed to disclose the identity of his client and the products/services on offer, no claim on the part of the Advertiser for damages or breach of contract will arise.
7.8 The Advertiser accepts responsibility for the content, accuracy, legality, current compliance and integrity of its material and will be solely liable for false, misleading, inaccurate, infringing or other actionable content contained or referred to in the material.
7.9 The Advertiser will be responsible for insurance of all materials delivered by the Publisher. The Publisher cannot accept any liability for any loss or damage in relation to the material.
7.10 Nothing in these Terms and Conditions shall operate to exclude any provision implied by English Law and which may not be excluded by English Law or to exclude or limit and liability, right or remedy to a greater extent than is permissible including in relation to (i) death or personal injury caused by negligence (ii) fraudulent misrepresentation or deceipt.

8. GENERAL

8.1 The placing of an Advertisement shall amount to an acceptance of these Conditions and any conditions stipulated on an order form or elsewhere by the Advertiser shall be void in so far as they are inconsistent with these Conditions.
8.2 It is the responsibility of the Advertiser to issue at the time of booking confirmation of all space or insert bookings by issuing an order which clearly states the order number, publication, insertion date, size/description, address, telephone number and agency/Advertiser contact name.
8.3 These Conditions shall apply to each contract for the insertion of an Advertisement together with such additional conditions (if any) as may be set out in the Rate Card and in the event of any variations or inconsistency between these Conditions and the conditions set out in the Rate Card, the latter shall prevail.
8.4 The Publisher reserves the right to vary these Terms and Conditions and such variation shall be effective on notification.
8.5 The Contracts (Rights of Third Parties) Act 1999 and any legislation amending or replacing this Act shall not apply in relation to these Terms and Conditions and nothing in these Terms and Conditions shall confer on any third party the right to enforce any provisions of these Terms and Conditions.

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