Advertising Terms and Conditions
All orders for insertion of advertisements (including Premium Directory Listings, subscriptions and sponsored content) are accepted subject to the following terms and conditions.
1. In these conditions (1) “the Publisher” means the publisher of the gApps or www.geneticapps.co.uk Website and email newsletter in or with which the advertisement is to appear or has appeared; (2)”the Buyer” means the person placing with the Publisher the order for the insertion of the advertisement, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (“the Advertiser”) or the Advertisers advertising agency or media buyer; (3) the “rate card” means the Publishers rate card in effect for the time being; (4) an “advertisement” means matter to be printed on the page or separately inserted.
2. The Buyer contracts with the Publisher as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity.
3. The Buyer warrants that in relation to an advertisement as submitted or as amended pursuant to Condition 5:
(a) the reproduction and/or publication of such advertisement will not breach any contract or infringe or violate any copyright, trademark, or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever;
(b) any information supplied in connection with the advertisement is accurate, complete and true;
(c) 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 part of any living person and/or copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
(d) in relation to any investment advertisement, the Advertiser is, or the contents of the advertisement have been approved by an authorised person;
(e) the advertisement complies with the requirements of all relevant legislation (including subordinate legislation) the rules of statutory recognised authorities and the law of the European Community for the time being in force in the United Kingdom and without limiting the general obligations, an advertisement which indicates or can reasonably be understood as indicating an intention to discriminate on grounds of sex or race may not be accepted unless it is exempted from the requirements of the Sex Discrimination Act or the Race Relations Act. A statement must be made at the time the advertisement is placed saying which of the exemptions in the Act is considered to apply.
(f) all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
(g) the Buyer hereby agrees to indemnify DGR Enterprises Ltd against any and all actions, proceedings, claims, demands, damages, and costs (including legal costs) for breach of this warranty in respect of defamation, obscenity, misrepresentation or libel, or any other claim arising out of or in respect of the Advertisement or the publication or distribution of the Advertisement.
4. The Buyer will supply all artwork, copy and other material necessary for the insertion of the advertisement by the deadline provided to the Buyer by the Publisher.
5. The copyright for all purposes in all artwork, copy and other material which the Publisher or his employees have originated or reworked shall vest in the Publisher. The Publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise.
6. The Publisher may, without derogation from the warranties contained in condition 3, and without giving any reason or period of notice may decline to publish or require to be amended any artwork, materials and copy for or relating to an advertisement or series of advertisements so as (i) to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser or (ii) 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 specifications stipulated or referred to in the rate card; and (iii) to respond to complaints which it may receive concerning goods or services offered. The Buyer shall have no claim against the Publisher in respect of the refusal or suspension of the advertisement.
7. The Publisher is not obliged to publish any advertisement on any particular day or in a particular position unless specifically agreed otherwise in writing by the Publisher’s Advertising Director. To ensure the highest levels of customer service all telephone calls may be recorded.
8. The Publisher will not be liable for any loss of copy, artwork, photographs or other Materials. The Buyer warrants that it has retained Materials in sufficient quality and quantity for whatever purpose.
9. Where the Buyer is the Advertiser’s advertising agency or Media Buyer, the Buyer warrants that it is authorised by the Advertiser to place the advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from the publication thereof. The Publisher reserves the right to print any previously supplied copy or from any appropriate proofs received from the Buyer.
10. Any and all deposits paid are non-refundable. The Publisher shall not be bound by a stop order or cancellation or transfer of the advertisement unless it meets the requirements specified elsewhere on the rate card, and any such instruction otherwise that prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Buyer’s liability for payment for the advertisement. The Publisher may treat as a cancellation after the deadline the fact that the Buyer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or is otherwise in breach of any of these conditions. Special rate advertisements cannot be the subject of a stop order.
11. Payment in respect of the advertisement is due in advance except where the Publisher has confirmed its agreement in writing to allow credit to the Buyer, in which case the due time for payment shall be no later than 14 days following the date of publication of the advert on the Website in which the Advertisement appears. For the avoidance of doubt, the Publisher is not obligated to provide the Buyer with proof or other reproduction of the Buyer’s advertisement until full Payment is received. Full details of each remittance are to be supplied to the Publisher by the due time. Payment shall mean (i) the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of of moneys transferred electronically or through the clearing banks’ giro credit system; or (ii) payment by PayPal. If the Buyer fails to make any payment by the due time then all moneys owing by the Buyer to the Publisher shall immediately become due and payable and the provisions of clause 16(b) shall forthwith apply to such monies.
12. It is the Publisher’s practice to provide an invoice for each insertion/advertisement. Liability for payment arises upon the placing of an order for the insertion of an Advertisement. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the Publisher in time to be rectified before payment becomes due. Payment for the advertisement shall be made as aforesaid whether or not the Buyer shall have provided the publisher with an order number at the time the advertisement was booked.
Premium Directory Listings and Subscription Payments
13. If you purchase a Premium Directory Listing, you agree to pay the applicable fees as set forth at the time of purchase as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
14. By purchasing a Premium Directory Listing or another subscription, you are expressly agreeing that we or any payment agents of ours are authorized to charge you a recurring subscription fee on an annual basis as set forth in the Invoice, and any other charges you may incur in connection with your use of the Services, including any applicable taxes, to the payment method you provided. The subscription fee will be billed at the beginning of your subscription and each year thereafter unless and until you cancel your subscription via e-mail to email@example.com. If you want to use a different payment method or if there is a change in payment method, please contact us to update your billing information. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your subscription, you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts. Failure to pay in a timely manner may result in the termination of your subscription and/or application of late payment fees. Late payment fees may be applied on invoices 30 days past due.
15. Your obligation to pay fees continues until you cancel your subscription or the end of the subscription period. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel your Premium Directory Listing or another subscription at any time by contacting us but no refund shall be made available, even if you have cancelled part way through the annual term.
16. Without prejudice to the Publishers statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if not paid according to agreed credit terms, the Buyer agrees to pay to the Publisher in respect of each advertisement for which payment is not made by the due time:
(a) the sum of £25.00 as an administration charge
(b) interest on the amount paid late at the rate of 4% per annum above the base rate of the Bank of England accruing from day to day (including the day on which payment was due) both before and after judgement.
14. The Buyer may have the opportunity to pass proofs before publication of the advertisement. It is the responsibility of the Buyer to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). If the Publisher has not received notification in writing from the Buyer within three days of the proof being sent, the Buyer will be deemed to have accepted the proof as sent. Without prejudice to condition 8, 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 occurs. Any other matter of complaint, claim or query (whether in relation the advertisement or invoice) must be raised with the Publisher in writing within seven days following (as the case may be) insertion of the advertisement or of the date on which it is claimed the advertisement should have appeared.
15. Without prejudice to the Publisher’s entitlement to be paid for the advertisement as published:
(a) in the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement, the Publisher at its sole discretion will either re-insert the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment as to cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
(b) 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 reasonably comparable to that in connection with which liability arose.
(c) Any complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Publisher’s charged for that and all other advertisements. The Buyer shall not be entiled to withhold payments by reason of any alleged minor defect.
(d) No claim will be considered on colour or mono reproduction unless the Buyer has supplied material in accordance with the Publisher’s specifications.
16. The Buyer will indemnify the Publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Publisher arising directly or reasonably forseeably as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other terms herein contained or implied by law so far as the law allows.
17. All orders for advertisements are automatically renewable on the date of their expiration for the same term as agreed in the original placement of the advertisement. The Buyer shall have one month upon expiration to provide notice in writing to the Publisher that the advertisement is not to be continued.
18. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions, and shall govern such contract to the exclusion of any other terms and conditions, subject to which any order for the insertion of an advertisement is made or purported to be made by the Buyer. Any conditions stipulated on the Buyer’s order form or elsewhere shall be of no effect so far as they are in conflict with these conditions.
19. Except in respect of death or personal injury caused by the Publisher’s negligence, the Publisher shall (except as otherwise provided in these Conditions) have no liability to the Advertiser in tort or otherwise, and in particular shall not be liable for any consequential loss or damage (whether for loss of profit, revenue opportunity or otherwise).
20. These conditions shall apply to each contract for the insertion of advertisement together with such additional matters (if any) as may be set out in the Publisher’s rate card. Telephone reservations for space shall be treated in all respects as written orders, and all conditions including those relating to cancellation periods will apply as though the orders were in writing at the time of the telephoned order.
21. If any provision of these Conditions is held to be void or unenforceable in whole or in part, these Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.
22. DGR Enterprises Ltd reserves the exclusive right, exercisable at any time, without notice to amend, add to, delete from, alter, or otherwise change these Terms and Conditions in such manner as DGR Enterprises Ltd, in its sole discretion, shall determine appropriate.
23. The contract shall be construed under and governed by the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
DGR Enterprises Ltd t/a gApps and www.geneticapps.co.uk