STANDARD TERMS AND CONDITIONS
In these conditions the term "Publisher" means PAM Insight Limited or any of its group or associated companies, the term "Customer" means the party who places an order for an advertisement, insert, book mark, or any other form of promotional space, event, product or service. All orders accepted by the Publisher are subject to the following conditions. The Publisher reserves the right to change these conditions at its absolute discretion without notice. No other conditions will be binding unless agreed in writing by the Publisher and the Customer. The placing of any order by a Customer will be deemed to be an acceptance of these conditions.
Credit Accounts are strictly net and must be settled within 14 days of the invoice date. The Publisher will invoice the Customer within 14 days of the date of receipt of the Customer's signed order confirmation. Each Customer undertakes to ensure that payment is made in full by the due date. Any queries regarding payment in respect of any order must be raised in writing with the Publisher within two weeks of the publication or invoice date.
All payments by the Customer must be made in sterling currency. Any payments made in foreign currency will be subject to an additional handling charge, together with any bank charges applied for foreign exchange.
The Publisher will levy an interest surcharge on any overdue amount at a rate of two percent (2%) per month (interest will calculated monthly on the compounded balance outstanding up to the date of receipt of payment) and reserves the right to suspend execution of all orders until payment is received in full.
The Publisher may at any time instruct its agents to recover any overdue sum. Any costs or charges incurred by the Publisher as a result of such instruction will be payable by the Customer to the Publisher on demand.
The Publisher reserves the right to refuse, withdraw, alter or cancel advertisements, or orders submitted to it at its absolute discretion.
The Customer warrants that its advertisements will comply with the British Code of Advertising Practice and do not contravene any of the provisions of the Trade Descriptions Act 1968 or other statute and are not defamatory or obscene.
If an advertisement comes within the meaning of an "investment advertisement" as defined in Section 57(2) of the UK Financial Services Act, then the Customer must submit the Financial Services Act Approval Form duly completed and signed by an "Authorised Person" within the meaning of the Act. It is at all times the responsibility of the Customer to ensure that advertisements comply with the Act or any equivalent legislation in other jurisdictions and the Customer will indemnify the Publisher against any liability and costs which the Publisher may incur or suffer as a result of the Customer failing to comply with this responsibility.
The Publisher reserves the right to discontinue, change or delay the date of any issue of a publication or product at its absolute discretion.
The Publisher will not be liable for any loss or damage including loss of profits or other consequential loss resulting from the delay or failure of an advertisement to appear on the date(s) specified in any order, from the failure of an advertisement to appear in any specified format or position in any publication, from the delay of failure of an issue of a publication or product to appear, or from the discontinuance of any publication or product.
The Customer will indemnify the Publisher against any damage, loss or expense which the Publisher may incur as a direct or indirect consequence of the Customer's advertisement.
Series discounts apply only to orders placed in advance and completed within one year of the first insertion. If the Customer cancels the balance of a series all unearned series discount will be surcharged. The Publisher reserves the right to surcharge if insertions are not completed within the contractual period.
In no circumstances does the placing of an order confer the right to renew on similar terms.
The Publisher reserves the right to increase or reduce its rates at any time at its sole discretion.
All advertisement orders are subject to the space being available.
Cancellations or changes in the dates of advertisement insertion, which are subject to the Publisher's acceptance at its sole discretion, must be received in writing not less than fourteen weeks before the deadline date for the supply of copy, or by such other times as may be specified by the individual publication. For the exact copy deadline date Customers should contact the individual publication. Cancellations are subject to a handling charge equal to 35% of the agreed cost of insertion. The Customer will be liable to pay in full for any advertisement published where notice is not received by the times referred to above.
Where the Customer has booked an insert or book mark, the Customer will remain liable for full payment if its materials fail to arrive at the agreed time and place for insertion. All inserts and book marks must be approved in advance of publication by the Publisher.
Should the Publisher introduce a Reader Enquiry or similar service for the benefit of its readers, the Publisher shall not be liable if it fails to pass such enquiries to the Customer or its agent(s).
Copy must be supplied without application from the Publisher by the copy deadlines specified by each publication. In the event of copy not being received by the copy deadline the Publisher reserves the right (a) to repeat standing copy or otherwise to determine the copy to be published, (b) to charge the Customer the full amount due for the space booked and (c) to charge the Customer for any extra costs directly incurred by the Publisher as a result of late copy.
Copy matter must conform strictly to the Publisher's published requirements and any additional work involved will be charged for including the cost of making duplicate films or any necessary desktop publishing, reprographic, origination or colour processing work and the delivery of proofs to the Customer if required. Where it has been agreed that copy shall be converted by the Publisher to the required format, free of charge, the Customer must provide proofed and finished text, by the stated deadline. The Customer will be provided with one proof under this agreement in order to make amendments to errors made by the Publisher. Textual amendments made to copy provided by the Customer will be chargeable at the Publisher's discretion. All subsequent proofs sent to the Client will also be chargeable at the Publisher's discretion. Proofs sent to the Customer for correction which are not received back by the Publisher by the relevant deadline will be assumed to be correct.
The Customer shall be responsible for the insurance of all artwork and other advertisement material delivered by it to the Publisher and the Publisher cannot accept any liability for any loss or damage. The Publisher reserves the right to destroy all artwork, film or other materials which have been in its or its printer's custody for more than three months from the last date of use without giving further notice to the Customer.
All advertisement material originated by the Publisher remains the Publisher's copyright.
Where the Publisher holds events, ticket applications made by the Customer are strictly subject to availability and the Publisher does not accept liability for any loss, however caused, arising out of the non-availability of tickets. The purchase of tickets renders the Customer subject to the terms and conditions of the venue in question in addition to the Publisher's terms and conditions. Acceptance of ticket applications are at the absolute discretion of the Publisher. Ticket applications are non-transferable and may not be cancelled within 90 days before an event and only then at the Publisher's sole discretion. A management charge of 35% will be applied to cancelled ticket applications. Venues, entertainers and programmes are subject to change at the discretion of the Publisher.
Where the Publisher engages in joint research with the Customer as part of its contracted services, or engages in research activities that are co-branded with the Customer, unless otherwise agreed in writing by both the parties, all materials, research papers, information and all other know-how relating to the research carried out remains the Publisher's copyright.
Where the Publisher provides confidential information to the Customer, or engages in joint research with the Customer as part of its contracted services, or engages in research activities that are co-branded with the Customer, the Customer agrees to treat as secret and confidential and not at any time for any reason disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any discussions or correspondence between the Publisher and the Customer or unpublished information given to it by the Publisher relating to the Publisher's know-how, business plans, plans for new publications, new companies, finances, or any such information relating to a supplier, customer or client of the Publisher. At the Publisher's request the Customer shall deliver up to the Publisher all working papers, computer disks and tapes or other material provided to or prepared by it during the course of business between the Publisher and the Customer and containing information confidential to the Publisher.
The Customer agrees that it will indemnify and hold the Publisher fully and effectively indemnified against all costs, claims, damages and other liabilities which the Publisher may suffer as a result of the Customer not complying with this Agreement.
Failure by the Publisher to insist upon strict performance by the Customer of any of these Terms and Conditions shall not operate as a waiver or otherwise release or in any way affect the liability of the Customer under these Terms and Conditions.
These Terms and Conditions shall be governed and construed in accordance with the laws of England and the Publisher and Customer hereby agree to submit to the exclusive jurisdiction of the English Courts.