These terms and conditions (the “Terms”) govern the basis on which you can make bookings for advertising, advertorials and sponsorship and event bookings (referred to as tables) run by Omnicom Holdings Ltd trading as The British Publishing Company (BPC), Intershore Chambers, Road Town, Tortola, British Virgin Islands. email@example.com (“us” or “we”). All other terms and conditions of business, including any that you may send to us when placing, renewing or paying for advertising, tables, or sponsorship, are excluded.
(a) the “Advertiser” means the person or entity booking advertising space or advertorials in a BPC Publication with BPC, whether an advertising agency, brand owner or whomsoever.
(b) “Advertising Copy” means the advertising and promotional content (including any Sales Promotions as defined below) requested by the Advertiser to be published by BPC in one or more BPC Publications.
(c) “BPC” means The British publishing Company (Omnicom Holdings Ltd trading as The British Publishing Company (BPC), Intershore Chambers, Road Town, Tortola British Virgin Islands. ).
(d) “BPC Publication” means any of the magazine titles published by BPC from time-to-time.
(e) “Digital Versions” means any BPC Publication as made available in an electronic format compatible with one or more handheld or tablet end-user devices (such as, without limitation, Kindles and iPads).
(f) Premium advertising options means in relation to “Premium” including but not limited to scrolling advertisements, slide shows and 30 second videos and “Premium Plus” including but not limited to photo explorer, photo 360 and 60 second video.
(g) “Production Work” means any and all artwork, sketches, ideas, layouts, mock-ups, graphics, photography, processing or other work, work product, services and service product that the Advertiser may request BPC to perform or provide from time-to-time.
(h) the “Publication Date” means, in relation to each version of a BPC Publication (print, Digital and PDF) the date(s) on which the relevant version comes available in the United Kingdom.
(i) “PDF Versions” means any BPC Publication as made available in a “static format” digital magazine issue.
(j) “Press Date” means BPC’s various deadline(s) for receipt of any Advertiser’s Advertising / Advertorial Copy, as the same may be notified by BPC to the Advertiser in respect of each instance of publication of such Advertising Copy in a conventional, print-media BPC Publication, a Digital Version or a PDF Version.
(k) “Rates” means BPC’s costs and charges for the publication of Advertising Copy in BPC Publications, as evidenced in the BPC Rate Card in force at the relevant time, but not including any additional fees and costs for any Production Work as described in Section 2(b) below which shall be payable in addition to the Rates.
(l) “Rate Card” means the table of BPC’s Rates for the publication of Advertising / Advertorial Copy in BPC Publications, as updated by BPC from time-to-time.
(m) “Sales Promotions” means as defined in Section 8 of the CAP UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing.
(n) “Technical Specifications” means BPC’s technical requirements for Advertising Copy provided by or on behalf of Advertisers from time-to-time, plus the specific technical specifications applicable to Advertising Copy destined for publication in Digital Versions.
2. Rates & Costs
(a) Rates are quoted in the Rate Card exclusive of VAT and may be increased at any time upon 3 months’ written notice, “written notice” for these purposes to include notice posted on this web page as part of these Terms & Conditions.
(b) In addition to the Rates, if the Advertiser requires any Production Work to be performed by BPC, it shall pay BPC for the same at the cost of £275 per hour at the time of request, plus any applicable VAT or other sales tax at the prevailing rate.
(c) All rights, including all copyright, in any Production Work performed by BPC shall vest in BPC and the Advertiser may use the same solely for the limited purpose of publishing the associated Advertising Copy in the relevant BPC Publications pursuant and subject to these Terms and Conditions. Where an Advertiser wishes to receive an assignment of rights in any Production Work then the same shall be subject to the written agreement of BPC (which it may grant or withhold in its absolute discretion and which may include the agreement of any further terms and costs).
(d) Advertising Copy for Digital Editions will be displayed in either landscape, or portrait orientation viewable via the horizontal scroll bar. Advertising Copy which requires reformatting for any reason will be deemed to be Production Work and subject to an additional fee as set out in Section 2(b) above. Any custom Advertising Copy produced by BPC will also constitute ‘Production Work’ and hence will incur additional fees as set out in Section 2(b) above.
(e) Premium options are approved on an individual case by case basis by BPC in its discretion and are subject to extra fees.
(a) Agents must disclose the name of their principals and nature of the advertised goods, services, Sales Promotions and Advertising Copy at time of booking. Any incomplete or misleading disclosure or failure fully to disclose, or any non-compliance of any matter with applicable regulation, entitles BPC to reject or cancel the order, or charge an additional fee.
(b) The BPC Rate Card is not an offer to contract. A contract between BPC and the Advertiser (and BPC’s obligation to publish any Advertising Copy on these Terms & Conditions) arises only upon and subject to BPC’s written acceptance of the Advertiser’s order and additionally, in the case of financial advertising, the compliance of the relevant Advertising Copy with the Financial Services and Markets Act 2000.
(c) Cancellations cannot be accepted from Advertisers 7 days after the booking date. Orders for Advertising Copy comprising covers and advertorials are non-cancellable.
(d) Orders for next to, or facing editorial positions can only be accepted subject to availability at the time of going to press and will incur additional fees.
(e) It is the Advertiser’s responsibility to notify BPC within 7 days of placing the Advertiser’s order if the booking details in any email sent from BPC are incorrect. The email will contain the signed booking form and these terms, plus information highlighting any deadlines required for copy and photos and any other information. The Advertiser’s order is deemed as accepted once the Advertiser has placed the order.
(f) Advertisers are required to specify, in their orders, which BPC Publications (and which digital versions) they wish their Advertising Copy to appear in. Where a BPC Publication is published in both Digital and PDF Versions, BPC will, unless notified otherwise by the Advertiser, publish the Advertising Copy in one or all of the Digital Versions and PDF Versions of the relevant BPC Publication, to all of the compatible end-user devices.
4. Copy Artwork and Materials
(i) Print Advertising Copy
(a) All Advertising Copy (which must be in the form of PDF files, word, jpegs and digital proofs) provided by or on behalf of the Advertiser to BPC must comply with BPC’s Technical requirements and any Specifications. BPC may reject for publication any Advertising Copy which is not compliant with the Technical Specifications, or if text is badly written, or poorly composed.
(b) The technical compliance of Advertising Copy provided by the Advertiser to BPC for publication in Digital Versions remains the responsibility of the Advertiser. BPC accepts no responsibility and shall have no liability to the Advertiser for any of the consequences (including the state of the resulting published Advertising Copy) where any materials provided to BPC do not comply with the Technical Specifications.
(c) If the Advertiser does not provide a PDF file, word file, jpeg and digital proof of the relevant Advertising Copy by the Press Date BPC is entitled (but not obliged) to re-publish any previous Advertising Copy previously published in the relevant BPC Publication. Or to take copy and pictures from the Advertisers website or the internet and a charge of £1974 plus VAT will be added to the invoice over and above the booked services costs.
(d) BPC shall be under no obligation to review or make corrections to any pre-or post-publication Advertising Copy.
(ii) Tablet Advertising Copy
(a) Advertising Copy intended for publication in Digital Versions must comply with the ‘Tablet Advertising Material Specifications’. BPC may reject for publication any Advertising Copy which is not compliant with any BPC Specifications.
(b) Advertisers may email firstname.lastname@example.org for full details of BPC’s technical requirements and information about the Technical Specifications.
(c) The technical compliance of Advertising Copy provided by the Advertiser to BPC for publication in Digital Versions remains the responsibility of the Advertiser. BPC accepts no responsibility and shall have no liability to the Advertiser for any of the consequences (including the state of the published Advertising Copy) where any materials provided to BPC do not comply with any Advertising Material Specifications’ element of the Technical Specifications.
(d) If the Advertiser does not provide Advertising Copy compliant with this Section 4(ii) by the notified Press Date for the Digital Version BPC is entitled (but not obliged) to re-publish any previous Advertising Copy previously published in the relevant Digital Version. Or to take copy and pictures from the Advertisers website, or the internet and a charge of £1974 plus VAT will be added to the invoice over and above the booked services costs.
(e) For the avoidance of doubt, any links embedded in any Advertising Copy for any Digital Version will only be enabled when the relevant end-user device is connected to the Web via WiFi or 3G.
(a) All Advertising Copy supplied by the Advertiser will be held by BPC at the owner’s risk and should be insured against loss or damage and backup copies retained by the owner. Advertising Copy will be deleted and destroyed by BPC after 6 months of BPC’s receipt of the same unless collected from BPC by the Advertiser. None of the Advertising Copy shall be deemed to have any value other than the cost of the materials.
(a) Payment shall be made within 30 days of the date of BPC’s invoice.
(b) If payment is not made in full within 30 days of the date of BPC’s invoice the Advertiser shall pay interest under The Late Payment of Commercial Debts (Interest) Act 1998, at 8% above Bank of England base rate.
(c) All Advertisers will be required to pay in advance for all Advertising booked.
(a) The Advertiser accepts that the Advertiser is a principal in law and accordingly warrants that all Advertising Copy (and its constituent parts) when submitted to BPC for production and upon publication shall:
(i) be neither defamatory nor obscene, and shall comply in all respects with the requirements of the British Code of Advertising Practice and other relevant industry codes, and
(ii) comply with and not contravene the requirements of (a) any Act of Parliament, statutory instrument, code of practice or regulation promulgated thereunder including any law of the European Community for the time being in force or applicable in the United Kingdom and (b) any acts, decrees, regulations or authorities in those markets in which the advertisement (and in particular comparative advertising) may be accessed:
(iii) in the case of financial advertising comply with the Financial Services and Markets Act 2000 and other relevant statutes and regulations issued pursuant to statute or by any regulatory body:
(iv) not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or entity or render BPC liable to any proceedings or liabilities whatsoever, wheresoever.
(b) Notwithstanding anything to the contrary set out herein, BPC is entitled at its absolute discretion to reject or exclude any Advertising Copy submitted for publication notwithstanding:
(i) BPC’s previous acceptance of the relevant Advertiser’s order; and (ii) whether or not the relevant Advertising Copy has been previously accepted for publication or published previously.
(c) The Advertiser will indemnify BPC fully in respect of any costs, claims, damages, losses or liabilities of any sort suffered or incurred by BPC arising directly or indirectly from the production or publication of any Advertising Copy which is in breach of any of the warranties set out in Section 6(a) above.
(d) Any complaint concerning the production or publication of any Advertising Copy must be notified in writing to BPC within 2 weeks after the relevant Publication Date.
(e) BPC will exercise reasonable care in preparing and publishing Advertising Copy but if any Advertising Copy is not published, in accordance with the booking confirmation issued by BPC due to the act or omission of BPC, BPC’s maximum liability shall be limited to the amount of any payment made for the relevant Advertising Copy. BPC shall not be liable in any manner to the Advertiser for any error, misprint or omission which does not materially detract from the look or meaning of any Advertising Copy nor shall BPC be liable to the Advertiser for any such error, misprint or omission to the extent attributable to the Advertiser’s non-compliance with these Terms and Conditions. BPC may (subject to Section 6(b) above) at the Advertiser’s request carry further or corrective Advertising Copy of a similar type and standard to the Advertising Copy which has not been published in accordance with the booking confirmation issued by BPC which shall be the Advertiser’s sole and exclusive remedy.
(f) The Advertiser may not recharge a client for advertising space at an increased rate without BPC’s written consent.
(g) For Advertising Copy including a Sales Promotion or a special offer the Advertiser must provide all details when placing its order.
(h) BPC and the Advertiser warrant that they will observe their respective obligations under the Data Protection Act 1998 arising in connection with these Terms and Conditions.
(i) These Terms and Conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.
(j) If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remainder is to be enforced as fully as possible and the unenforceable provision will be modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the Parties.
(k) It may be necessary for reasons beyond our reasonable control (including, without limitation, to acts of god, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness) to alter the advertised content, timing and/or location of the publication launch, or cancel the publication date in which you have booked Advertising copy. We reserve the right to do this at any time and we shall not be liable to you for any cost or other expenses (including wasted Advertising copy preparation and all associated costs) incurred by you as a consequence (including, without limitation, agency fees and photography, copy writing and graphic design expenses). If the date is changed then we will not provide a refund under any circumstances. A new publication date will be notified to you.
(l) You acknowledge and accept that we have the right to publicly announce our business relationship with you which shall include but not be limited to announcements on social media and use of your company logos. Such announcements shall not be disparaging or otherwise adverse to your business.
TERMS AND CONDITIONS FOR TABLE/SEAT BOOKINGS
These terms and conditions (the “Terms”) govern the basis on which you can make bookings for tables/seats at the event(s) (referred to as tables) run by Omnicom Holdings Ltd trading as The British Publishing Company (BPC), Intershore Chambers, Road Town, Tortola British Virgin Islands, (“us” or “we”). All other terms and conditions of business, including any that you may send to us when placing, renewing or paying for table bookings, are excluded.
Please read the Terms carefully. By submitting a booking request online or using the paper booking form you acknowledge that you agree to the Terms.
1. Bookings and Payment
1.1 Booking requests should be submitted online or the event paper booking form should be emailed to BPC. Payment must be made, or authorisation to deduct payment given, at the time a booking request is submitted and no later than 30 days from invoice date. The booking is confirmed once booked and you receive a confirmation email which will contain the booking form, a copy of these terms and letter.
1.2 Provided you have complied with these terms and conditions we will, subject to availability, send a confirmation email and, or letter by post to you in respect of your booking request as soon as reasonably practicable. If there is no availability we will email you to inform you that this is the case as soon as reasonably practicable. Where your booking request is refused we will process any refund due to you within 30 days of informing you of such refusal.
1.3 Payment must be made by bank transfer only.
1.4 For all bank transfers please use the bank account details provided by us on request and on the invoice. You are responsible for paying all bank charges. If bank charges are not paid by you your booking may be refused. A payment description should be included with your payment which references your company name. Once the transfer has been made you will need to scan and email proof of payment/bank transfer confirmation, quoting your company name.
2. Refunds, Substitutions and Changes to the Event
2.1 No refunds are available 14 days after an order has been placed for table booking or individual places, you have the right to cancel your order up to 14 days from the booking date. Should individual guests on your table be unable to attend, we would welcome a substitute guest attending in their place. Similarly, substitutions can be made for individual seats, at no extra charge. Please notify us by email with the name and job title of both the registered guest and the substitution guest.
2.2 It may be necessary for reasons beyond our reasonable control (including, without limitation, to acts of god, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness) to alter the advertised content, timing and/or location of the event or cancel an event at which you have booked a table. We reserve the right to do this at any time and we shall not be liable to you for any cost or other expenses (including wasted travel and accommodation costs) incurred by you as a consequence (including, without limitation, booking fees and travel and accommodation expenses). If the date is changed then we will not provide a refund even if the date is changed a number of times due to any pandemic, or any other reasons detailed above.
2.3 Subject to clause 2.1, your booking is personal to you and will only entitle you and your named guests to attend the event. Other than as set out in clause 2.1 you are expressly prohibited from selling, or in any other way transferring, your booking whether in whole or part and whether in exchange for payment or otherwise, to any third party without written consent from BPC. We reserve the right to cancel your booking without refund if you breach this clause 2.3.
3.1 Subject to Clause 3.4, our aggregate liability to you, whether such liability arises in contract, tort(including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by you or otherwise in relation to the event at which you have booked a table (or requested a booking of a table) shall be limited to the price paid by you in respect of the applicable booking.
3.2 Subject to Clause 3.4, we shall not be liable to you for (i) any loss of profit, loss of anticipated savings or interest, loss of, or damage to, reputation or goodwill or; (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.
3.3 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any negligent act or omission by you (including your delegates) during or otherwise in relation to your booking and/or your attendance at the event for which you have made a table booking.
3.4 Nothing in this these Terms shall limit or exclude either party’s liability for:
3.4.1 death or personal injury caused by that party’s negligence, or the negligence of that party’s employees, agents or subcontractors;
3.4.2 fraud or fraudulent misrepresentation; or
3.4.3 any other liability which cannot be limited or excluded by applicable law.
4.1 You warrant that you shall:
4.1.1 comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
4.1.2 comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and
4.1.3 promptly report to us any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with the performance of these Terms.
4.2 Breach of this clause 4 shall be deemed a material breach of these Terms.
5.1 A person who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provisions of these Terms.
5.2 These Terms (together with any documents referred to herein or required to be entered into pursuant to these Terms) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and any such document (save that this shall not apply so as to limit or exclude either party’s liability for fraud).
5.3 BPC pledges to trade legally and respect all laws including the Trade Sanctions imposed by EU and US Governments.
5.4 These Terms shall not create, nor shall they be construed as creating, any partnership or agency relationship between us.
5.5 Save as set out in Clause 2, you are not permitted to re-sell, transfer, assign or otherwise dispose of any of your rights or obligations arising under these Terms.
5.6 You acknowledge and accept that we have the right to publicly announce our business relationship with you which shall include but not be limited to announcements on social media. Such announcements shall not be disparaging or otherwise adverse to your business.
5.7 You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.
5.8 These Terms and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of England and Wales and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute which arises hereunder.
5.9 If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remainder is to be enforced as fully as possible and the unenforceable provision will be modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the Parties.
Omnicom Holdings Ltd trading as The British Publishing Company (BPC). Intershore Chambers, Road Town, Tortola British Virgin Islands.