Scope of Agreement: These are the conditions of the contract between you, the Client ("You" and "your") and Compelo including subsidiary and related companies ("we", "us" and "our") governing your use of our services, including use of advertising space on our website or in the publication, as set out in your purchase order. This agreement constitutes the entire agreement between Compelo including subsidiary and related companies and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.
Content and Artwork Responsibility: You are responsible for providing us with all text and illustrations by the copy date(s) set out in your purchase order. You will receive a proof of the advertisement for your approval and any changes must be sent to us in writing by the return date shown on the proof. Changes not communicated by the return date will cause us to assume proof approval. We reserve the right to repeat standing copy or obtain copy to be published should the copy deadline fail to be met. If the advertisement materials are provided in a different form to that specified then you will be responsible for by you to supply the necessary copy for your placement in the form specified by the copy deadline indicated by us on the purchase order will not affect your payment obligations outlined in (5) below. We retain full editorial approval over the advertisement and positioning of this advertisement will be at our sole discretion. We reserve the right to withdraw/ reject/ amend the material supplied by you for the advertisement which will not affect your obligation to pay for the advertisement in full. Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the Publication date, of the Publication. In using our services and any advertising space on our website you agree to abide by all applicable laws, regulations and codes of conduct and you will not engage in any activities relating to our services or the website that are contrary to such laws, regulations and codes.
Rights: In consideration of us providing our services to you, you assign to us with full title guarantee, for use throughout the world, the copyright (whether vested, contingent or future) in the copy supplied by you and all rights of action in respect of that copy. The above will not operate as an assignment of your trademarks, service marks and logos which will remain your property. However, you hereby grant to us a world-wide, non-exclusive, fully paid license to reproduce and display all trademarks, service marks and logos contained within the copy for the duration of the agreement.
Free of Charge Service: As part of our service commitment, we may at our sole discretion provide you with some free of charge services such as indexing, listings or any other material or additional media, which are over and above the advertisement. We cannot be responsible for any errors or omissions or claims for losses arising from these. We reserve the right, at our absolute discretion, to reject or amend text and information provided by you for any free of charge inclusions or media. This will not affect your obligation to pay for the advertisement itself as discussed above. If you do not provide the necessary text or information for any free of charge inclusions or media, by the due date, then this will also not affect your obligation to pay for the advertisement.
Invoicing and Settlement: We will invoice you, plus VAT if applicable, for the online element of your booking following completion and return of the registration form. Unless expressly agreed, otherwise in writing, payment will be due 30 days from the date of invoice. An invoice will be raised, plus VAT if applicable, for the print element of your booking on publication. Our invoice(s) are to be settled in full no later than 30 days from the date of invoice. Should your account fall overdue then interest will be charged at a rate of 3% per annum above Lloyds TSB PLC's base lending rate from time to time in force together with compensation for debt recovery costs pursuant to the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by The Late Payment ofCommercial Debts Regulations 2002. This will be calculated on a daily basis from the due date to the actual payment date. In addition, we reserve the right in certain circumstances to modify our payment terms to require full payment in advance and / or require you to provide such other assurances as we may require to secure your payment obligations. i. If you have been granted a discount (for example for a series booking) but do not pay us, we reserve the right to revoke the discount so that you are liable for the full price of the advertisement. ii. All payments sent to us must be accompanied by a remittance advice or documentation quoting the account and/or invoice number to which the payment relates. Where payment is received without any identification or is deemed a duplicate/overpayment, said funds will be held on account for a period of 12 months only.
Cancellation: This advertisement booking represents a legally binding commitment between you, the advertiser and us; a cancellation may only be made with our written permission. If we agree to the cancellation then a fee of:
L 50% of the amount specified on your Purchase Order (plus VAT, if applicable) will be charged if the cancellation is received prior to your fulfilment date
100% of the amount specified on your Purchase Order (plus VAT, if applicable) will be charged if the cancellation is received after your fulfilment date.
Warranty & Indemnity: You warrant and represent to us that:
you have all necessary rights to grant the rights and licences set out in your contract with us;
neither the copy material provided by you nor any material which you may be linked to through your advertisement will contain anything that is defamatory, obscene, false or misleading or which otherwise violates any intellectual property rights or rights of any person;
use of the copy material provided by you will not violate any applicable law or regulation. You agree that there have been no guarantees made by us for this advertisement and that no employee of World Market Intelligence including subsidiary and related companies has made a promise or commitment that does not appear here. You agree to indemnify and hold World Market Intelligence including subsidiary and related companies and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.
Liability: To the furthest extent permitted by law, we do not accept liability for any claims, liabilities, expenses, losses, costs or damages (including without limitation, damages for any consequential loss or loss of business opportunities and/or profits) however arising from this advertisement booking and the use of or inability to use the website, or any of its contents, or from action or omission taken as a result of using the website or any such contents. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall not exceed the total Charges received by us from you for the Advertisement/s. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to you, your third parties, subcontractors or inaccurate copy instructions from any of the foregoing. Any agent who shall place an Advertisement with us shall be deemed jointly and severally liable with the Advertiser to us in respect of all matters including charges relating to the Advertisement and conditions therein contained.
Force Majeure: We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
General: You may not resell, assign or transfer any of your rights under this contract without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third parties) Act 1999 to rely upon or enforce any terms of this agreement.
Compelo including subsidiary and related companies is subject to the UK Data Protection Act 1998 and is registered in the UK with the Information Commissioner to process your personal information. Our primary goal in collecting personal information from you is to give you an enjoyable customised experience whilst allowing us to provide services and features that most likely meet your needs. We collect certain personal information from you, which you give to us when using our Sites and/or registering or subscribing for our products and services. We also collect certain personal data from other group companies to whom you have given information through their websites. The information provided will be held on our database and may be shared with other companies within the same Group. Occasionally your details may be made available to our external partners. If you do not want us to continue using this information please notify us at [email protected] Any personal information supplied to Compelo Limited including subsidiary and related companies as part of this registration process and/or any other interaction with Compelo Limited including subsidiary and related companies will be collected, stored and used by World Market Intelligence Ltd including subsidiary and related companies or affiliates in accordance with the Compelo Limited including
This agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.