pinkpartnerships.com

PINK PARTNERSHIPS LIMITED TRADING AS TRULY MEMORABLE DAYS
 

1. All Advertisements accepted for publication by Truly Memorable Days ('TMD') in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by TML in writing.
2. Definitions;
   "Advertiser" means the person whose goods or services are advertised;
   "Advertisement" means the display of online or print publication of buyers advert;
   "Buyer" means the person placing the order for the insertion of the Advertisement;
   "Medium" means the print or online publication taking the booking.
3. All Advertisements are accepted subject to space being available in the Medium.
4. TMD reserves the right to cancel any order without liability in the event of becoming aware of the Buyer’s current or past failure of payment, or any indication whatsoever of financial difficulties.
5. These conditions and all other express terms of the contract between TMD and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

Buyer to contract as Principal

6. The Buyer warrants that the Buyer contracts as Principal notwithstanding that the Buyer may be directly or indirectly acting for the Advertiser as an agent. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorized by the Advertiser to place the Advertisement with TMD.

Delivery and Ownership of Material

7. Copy must conform to TMD's requirements and TMD reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.

8. Any intellectual property rights in designs prepared by TMD shall remain the property of TMD and Advertisements including such designs may not be reproduced without TMD's consent.

Prices and Payment Terms

9. Prices published by TMD from time to time are subject to revision at any time and orders are accepted on the condition that the price binds TMD only in respect of the period specified in the applicable rate card.

10. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to TMD.

11. Credit accounts must be settled in accordance with the terms shown on the Invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged for each complete month overdue at a rate of 2% above the base rate.

Limitations on TML’s Liability

12. Except to the extent specified in paragraph 13, TMD shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission, which detracts materially from the Advertisement, TMD will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.

13. The total liability of TMD to the Buyer for any act or omission of TMD, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to TMD for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, TMD shall not be liable for any loss of profits or business or for indirect or consequential loss. TMD accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.

14. TMD accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.

Cancellation or Suspension

15. Cancellation or suspension of an Advertisement by the Buyer must be received in writing or email by TMD within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension vary in accordance with differing production requirements.

16. TMD reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.

Buyer's Warranties and Indemnities

17. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1975 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act 1959 & 1964, Equality Act 2006 and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.

18. If any Advertisement submitted for publication 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 readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.

19. The Buyer will indemnify and hold harmless TMD from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. TMD reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make TMD or the Advertiser liable to any complaint, claim or proceedings.

20. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold TMD harmless accordingly.

Online Advertising

21. The Buyer must deliver complete creative content or instruct TMD on the content using the online advertising application form. TMD will supply proofs of the content before the advert is placed on TMD’s website. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and TMD reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified.

22. TMD cannot guarantee the position of any online Advertisement. Advertisements will be placed as near as possible to the selected position as the web page make-up permits. TMD reserves the right to modify the wording of any classification or trade heading in the Medium or the Advertisement.

23. Changes in the online advertisement must be confirmed by email or in writing by the Buyer in time for the changes to be made to the Advertisement by TMD. TMD reserves the right to charge for any additional expenses involved in such changes.

24. To cancel or alter an order the Buyer must inform TMD by e-mail or to the number or address on the order 7 days before the advert is placed on TMD’s website.

25. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. TMD may remove any Advertisement which contains content or links to a site which, in TMD's opinion, is defamatory or objectionable or will bring TMD into disrepute. The Buyer will indemnify TMD from and against any claims or liability arising from links contained in an Advertisement.

26. If TMD receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.

27. Buyer's sole remedy if TMD, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither TMD nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.

Print Advertising

28. Copy of advertisement must be supplied by the Buyer without application from TMD. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or the advert will be published on the required issue.

29. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and TMD reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified.

30. If, at its discretion, TMD considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.

31. Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.

32. To alter an order the Buyer must inform TMD by e-mail or to the number or address on the order no later then 28 days before the advert is published

33. Requests for cancellation may be considered but only if received in writing by TMD within 28 (twenty eight) days from signing the order providing that such notification is made at least 28 (twenty eight) days prior to the final copy date.