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Print Advertising Terms & Conditions

1 In these Conditions,

1.1 ‘the Advertisement’ means the advertisement to be printed in the publication;

1.2 'this Agreement' means these Conditions and the Confirmation of Verbal Order together.

1.3 ‘the Buyer’ means the person placing with the Publisher the order for the insertion of the Advertisement, whether such person be the manufacturer or supplier of the product or service detailed in the Advertisement (‘the Advertiser’) or the Advertiser’s advertising agency or media buyer;

1.4 'the Confirmation of Verbal Order' means the paperwork received with the original advert.

1.5 ‘the Price’ means the price stated in the Confirmation of Verbal Order; and

1.6 ‘the Publication’ means the publication named or described in the Confirmation of Verbal Order;

1.7 ‘the Publisher’ means Abingdon House Ltd, Queens Dock Business Centre, 67-83 Norfolk Street, Liverpool, L1 0BG

2. In consideration of payment by the Buyer of the Price, the Publisher shall, save as provided in clause 4, publish the Advertisement in the Publication upon the terms and conditions set out in this Agreement.

3 The Buyer warrants that:

3.1 it contracts with the Publisher as a 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;

3.2 where it is the Advertiser’s advertising agency, the Buyer 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;

3.3 the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as amended pursuant to clause 4 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;

3.4 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 any 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;

3.5 in relation to any investment Advertisement, the Advertiser is, or the contents of the Advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 or the Advertisement is otherwise permitted under that Act;

3.6 the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Community) for the time being in force or applicable in the United Kingdom;

3.7 any information supplied in connection with the Advertisement is accurate, complete and true;

3.8 all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes under the general supervision of the Advertising Standards Authority;and

3.9 it has retained copies of all copy, artwork, photographs or other materials in sufficient quality and quantity for whatever purpose, and the Publisher will not be liable for any loss of the same.

4. The Publisher may:

4.1 refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser or to avoid infringing any third party rights, the British Codes of Advertising and Sales Promotion and all other codes under the general supervision of the Advertising Standards Authority.

4.2 at its discretion decline to publish, or omit, suspend or change the position of, any Advertisement otherwise accepted for insertion. However, the Publisher will use reasonable efforts to comply with the wishes of the Buyer although it does not warrant the date of insertion, the wording, or the quality of the colour or mono reproduction of the Advertisement.

5 Unless agreed otherwise in writing the Price is exclusive of VAT and any other
applicable taxes and/or duties and willbe due within 30 day of the earlier of the date on which the Advertisement (or,if one in a series, the last Advertisement in the series) was published or the date of invoice.

6 If the Buyer fails to pay the Price on the due date then, without prejudice to any other right or remedy available to the Publisher, the Publisher shall be entitled to charge the Buyer the sum of £25 as a booking fee and interest calculated on a daily basis (before as well as after any judgment) on the outstanding monies at the rate of 4% (four per cent) per calendar year or part thereof above the base lending rate of the HSBC Bank
Plc from time to time until payment is received.

7 In the event of a material error, misprint or omission in the printing of the
Advertisement or any part of it the Publisher’s liability is limited to a maximum, at its option, of either publishing the Advertisement for a second time without charge to the Buyer or refunding to the Buyer a sum representing a reasonable proportion of the Price provided that the Buyer notifies the Publisher of such error, misprint or omission in writing within 7 days following (as the case may be) the date of publishing of the Advertisement in the Publication or of the date on which it is claimed the Advertisement should have appeared in the Publication.

8 The Company does not exclude its liability for personal injury or death caused by its negligence, fraud, including fraudulent misrepresentation, or for any other liability the exclusion or limitation of which is not permitted by law.

9 The Buyer will indemnify the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising as a result of:

9.1 any breach of any of the representations, warranties or other terms contained in these conditions or implied by law;

9.2 any claim alleging that the Publisher's use of information and/or materials provided to it by the Buyer infringes the intellectual property rights of any third party; or

9.3 the Buyer's negligence.

10 The Buyer shall be entitled to cancel this Agreement by giving the Publisher written notice of cancellation within 7 days of the date of the postmark date on the Confirmation of Verbal Order. (please note that ALL mail is receipt posted by Royal Mail)

11 The Publisher shall be entitled at any time to terminate the Agreement forthwith by notice in writing to the Buyer if:-

11.1 the Buyer commits an irremediable breach of the Contract, persistently repeats a remediable breach (and in this context persistent shall mean on more than one occasion in respect of the same breach and more than two occasions in respect of different breaches) or commits any remediable breach and fails to remedy it within 30 days of receipt of notice of the breach requiring remedy of the same; or

11.2 the Buyer makes any voluntary arrangement with its creditors or becomes bankrupt or becomes subject to an administration order or go into liquidation (otherwise than for the purposes of solvent amalgamation or reconstruction) or are otherwise unable to pay its debts as they fall due;

11.3 the Buyer ceases or threatens to cease to carry on business; or

11.4 the Publisher reasonably apprehends that any of the events specified in clauses 11.1 to 11.4 inclusive is about to occur in relation to the Customer and notifies the Customer accordingly; or

11.5 notwithstanding the provisions of clause 11.1 if the Buyer fails to pay any sum due to the Publisher by the date upon which such sum is due.

12 The remedies available to the Publisher under this Agreement shall be without prejudice to any other rights, either at common law or under statute, which it may have against the Buyer.

13 The failure of the Publisher to enforce or to exercise, at any time or for any period of time, any term of or any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect the Publisher's right later to enforce or exercise it.

14 The invalidity or unenforceability of any term of, or any right arising pursuant to, this Agreement shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.

15 The Buyer may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Publisher's prior written consent. The Publisher shall be entitled to assign, transfer, sub-contract or otherwise part with the whole or part of this Agreement or any right or obligation under it without the Buyer's consent.

16 The Publisher shall have no liability to the Buyer if its performance of its obligations under this Agreement is prevented or hindered due to any circumstances outside its reasonable control.

17 This Agreement contains all the terms agreed by the parties relating to the subject matter of this Agreement and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing, and no representation, undertaking or promise shall be taken to have been given or been implied from anything said or written in negotiations between the parties prior to this Agreement except as set out herein. In particular but without prejudice to the generality of the foregoing the Buyer acknowledges that it has not been induced to enter into this Agreement by any representation or warranty other than those contained or referred to in this Agreement. Subject to clause 8, the Buyer irrevocably and unconditionally waives any right they may have to claim damages for and/or to rescind this Agreement as a result of any misrepresentation whether or not contained in this Agreement.

18 No variation or amendment to this Agreement shall be effective unless in writing signed by authorised representatives of the parties.

19 Nothing in these conditions and/or a Contract shall confer any right upon any person who is not a party to the Contract in question whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20 The placing of an order for the insertion of an Advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Buyer shall be void insofar as they are inconsistent with these conditions.

21 Any provision of this Agreement which is expressly or impliedly to survive termination or expiration of this Agreement shall continue in force notwithstanding such termination or expiration.

22 The construction, validity and performance of these Conditions and each Contract shall be governed in all respects by English law and all disputes arising in any way out of or affecting these Conditions and/or any Contract shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.

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Website Terms & Conditions

1 Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

2 Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

3 Licence to use website          

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or otherwise sub-license material on the website;

(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose

(d) edit or otherwise modify any material on the website; or]

(e) redistribute material from this website

4 Limitations of liability

The information on this website is provided free-of-charge, and] you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law.  We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise.  Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5 Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.  You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.

7 Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

8 Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

9 Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

created and distributed by www.website-law.co.uk

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Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

1 What information do we collect?

We may collect, store and use the following kinds of personal data:

(a)      information about your computer and about your visits to and use of this website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;

(c)      information that you provide to us for the purpose of registering with us (including Name / Company / Telephone Numbers and Addresses)

(d)      information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including Name and Email Address)

(e)      any other information that you choose to send to us.

2 Cookies

We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes.  We may also use that information to recognise your computer when you visit our website, and to personalise our website for you. Our advertisers may also send you cookies.

3 Using your personal data

We may use your personal information to:

(a)      administer the website;

(b)      improve your browsing experience by personalising the website;

(c)      enable your use of the services available on the website;

(d)      send to you goods purchased via the website, and supply to you services purchased via the website;

(e)      send statements and invoices to you, and collect payments from you;

(f)       send you general (non-marketing) commercial communications;

(g)      send you email notifications which you have specifically requested;

(h)      send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology you can inform us at any time if you no longer require marketing communications to be sent by emailing us at info@abingdonhouse.co.uk;

(i) deal with enquiries and complaints made by or about you relating to the website;

We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.

4 Other disclosures

(a)        to the extent that we are required to do so by law;

(b)       in connection with any legal proceedings or prospective legal proceedings;

(c)       in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d)      to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.

Except as provided in this privacy policy, we will not provide your information to third parties.

5 International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Union, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers.

6 Security of your personal data

We will store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and user details confidential. We will not ask you for your password.

7 Policy amendments

We may also notify you of changes to our privacy policy by email. 

8 Your rights

You may instruct us not to process your personal data for marketing purposes by email to info@abingdonhouse.co.uk at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

9 Third party websites

10 Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

11 Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to info@abingdonhouse.co.uk or by post to Queens Dock Business Centre, 67-83 Norfolk Street, Liverpool, L1 0BG.

created and distributed by www.website-law.co.uk

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