Broadband TV News LLP – Standard Conditions for the Submission of Advertisements
1. Definitions
“Advertisement” shall mean the material submitted by the Advertiser to be published by BTN.
“Advertiser” shall mean the advertiser detailed on the Purchase Order.
“Agreement” shall mean these Standard Conditions and the Purchase Order attached to these Standard Conditions which together shall constitute the entire agreement between the Advertiser and BTN for the provision by BTN to the Advertiser of online advertising services.
“BTN” shall mean Broadband TV News LLP.
“Purchase Order” shall mean the purchase order attached to these Standard Conditions.
2. Submission of Advertisements
All Advertisements are required to be submitted to BTN no later than three (3) business days prior to the date of planned publication.
3. Payment Terms
(a) All Advertisements must be prepaid unless a previously approved account as detailed on the Purchase Order has been agreed.
(b) Payment shall mean the receipt by BTN’s bank of cash or a cheque or electronic transfer.
(c) Payment for the Advertisement shall be made as aforesaid whether or not the Advertiser shall have received BTN’s invoice and notwithstanding any query about any element of BTN’s invoice.
(d) The Advertiser agrees to pay to BTN in respect of each Advertisement for which payment is not made by the due date (i) the sum of £25 as an administration charge in respect of each invoice outstanding; and (ii) interest on the amount paid late at the rate of 4% above the base rate of National Westminster Bank plc accruing from day to day (including the day on which payment was due). Any such additional charges shall be payable within 7 days following the date of receipt by the Advertiser of BTN’s demand therefor.
(e) Advertisement rates are subject to revision at any time and orders are accepted on condition that the price applies to the applicable booking only.
4. Advertiser’s Warranties
The Advertiser warrants represents and agrees that:-
(a) The person signing the Purchase Order is contracting with BTN as principal notwithstanding that he or she may be acting directly or indirectly as an advertising agent or media body or in some other representative capacity.
(b) The reproduction or publication of the Advertisement by BTN shall not infringe or violate any intellectual property or any other right of any person or render BTN liable to any proceedings whatsoever.
(c) All information provided by it in connection with the Advertisement is accurate, complete and true.
(d) All Advertisements comply with the British Code of Advertising Practice.
(e) It will indemnify BTN and keep BTN indemnified against all claims, costs, proceedings, demands, losses, expenses, damages or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of its warranties or other provisions of set out in this Agreement.
(f) Where the Advertiser is an advertising or other agent instructed by a third party, the Advertiser warrants that it is authorised by such third party to place the Advertisement with BTN and shall indemnify BTN against any claims made by such third party arising in connection with the publication thereof.
5. BTN’s Warranties
BTN warrants represents and agrees that:-
(a) It shall use reasonable commercial endeavours to publish the Advertisements in accordance with the Purchase Order although it does not warrant the date of publication, the wording or other content of the Advertisement or the quality of the reproduction of the Advertisement. Notwithstanding the foregoing BTN may at its absolute discretion decline to publish or omit, suspend or change the position of any Advertisement accepted hereunder for publication.
(b) In the event it shall fail to publish the Advertisement BTN shall reimburse the Advertiser the full monetary amount including any VAT received by BTN in respect of such unpublished Advertisement.
6. Limitation of Liability
(a) Any Advertiser’s complaint, claim or query must be raised within 7 days following the date when the Advertisement first appeared on BTN’s website (or should have appeared) and shall not be valid thereafter. Without prejudice to BTN’s rights to be paid for the Advertisement (i) in no circumstances shall the total liability of BTN for any error or omission exceed the charge for the Advertisement in question; and (ii) no complaint, query or claim shall affect the liability of the Advertiser to pay BTN’s charges for any Advertisements published by BTN.
(b) BTN shall not be liable for any indirect or consequential loss to the Advertiser whether arising out of negligence, breach of contract or otherwise or for any liability arising from the publication of any material submitted to BTN by the Advertiser.
(c) BTN shall not be liable for any loss of copy, artwork, photographs or other materials, which the Advertiser warrants it has retained in sufficient quality and quantity for whatever purpose it may require.
7. Miscellaneous
(a) The signature by the Advertiser of the Purchase Order shall amount to acceptance of this Agreement.
(b) No waiver by BTN of any provision of this Agreement shall be effective except in relation to the matter in respect of which it was specifically given in writing.
(c) This Agreement shall be construed under and governed by the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
Broadband TV News LLP is a company registered in England and Wales. Registered Number: OC351738. VAT Registration No: 984 3863 68
Registered Office: 10 Wellington Street, Cambridge CB1 1HW
