TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS Trade Management Services Ltd ("the Publisher") are the sole owners and copyright holders of the following: The Websites www.ncass.org.uk www.ncassinsurance.co.uk. www.eventsbook.co.uk The Mobile & Outside Caterer magazine, The Events Guide, The NCASS Annual Industry Guide, Profitable Mobile Catering Orders for insertion of advertisements are accepted subject to the following conditions.
For the avoidance of doubt, in these terms the words "published" or "publication" shall mean published in or on the website or any site, book, directory or publication owned and produced by the 'publisher'.
(1) The placing of an advert constitutes a warranty from the advertiser and/or advertising agency to the publisher:
i) that the advertisement is legal, decent, honest and truthful, complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
ii) that the advertisement is not defamatory and does not infringe the copyright, moral rights or any other rights of any third party.
(2) The advertiser and/or advertising agency agrees to indemnify the publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
(3) While every endeavour will be made to meet the wishes of advertisers, the publisher does not guarantee the publication of any particular advertisement or its publication on any particular date.
(4) (i) In the event of any error, misprint or omission in the publication of an advertisement or part of an advertisement (however caused) the publisher will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
(ii) In no circumstances shall the total liability of the publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonable comparable to that in connection with which liability arose.
(iii) It is the responsibility of the advertiser/advertising agency to check the first appearance of any series of advertisements and notify the publisher immediately of any errors. The publisher assumes no responsibility for the repetition of errors unless notified by the advertiser.
(iv) Save as set out above, the publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title or Website in which any advertisement is scheduled to appear.
(5) The publisher reserves the right to:
(i) Refuse any advertisement or if already accepted to cancel the order at any time by giving reasonable notice before the next insertion, but in that event the advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped;
(ii) require any alteration it considers necessary or desirable in any advertisement.
(6) The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have originated, contributed to or reworked shall vest in the publisher.
(7) The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.
(9) Any material submitted by the advertiser is held by the publisher at the advertiser's risk and should be insured by the advertiser against loss or damage from whatever cause. The publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the advertiser has given instructions to the contrary.
(11) Orders cannot be cancelled once the publisher has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases the publisher will require 9 clear working days' notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than 28 clear working days' notice. All cancellations must be notified in writing. Email notification of cancellation must be confirmed in writing within 24 hours.
(12) The rate payable for publication of any advertisement shall be in accordance with the Publisher's current rates from time to time save as otherwise agreed with the Publisher in writing.
(13) The publisher reserves the right to disclose the name and address of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the publisher in its sole discretion deems it reasonable, to other third parties.
(14) Advertising orders are issued by an advertising agency as a principal and must be on the agency's official form. When copy instructions not constituting an official order are issued, they shall be clearly marked "Copy instruction - not an order".
(15) The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency's or advertiser's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
(16) These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
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