These are the legal terms and conditions for advertising with GetConnected.aero.
In these terms and conditions:
“Advertisement” includes banner advertisement where appropriate.
“Advertiser” means the person booking the advertising space and shall include advertising agents and independent media buyers.
“Confirmation of Order” means written/emailed confirmation that the Publisher has received an Order Form and accepted the Advertiser’s order.
“Contract” means a legally binding booking accepted by the Publisher in accordance with Paragraph 2 for publication of an Advertisement.
“Fee” means the fee payable by the Advertiser as shown in the Confirmation of Order and any additional fees payable under this Contract.
“Order Form” means the order form in the format specified by the Publisher from time to time.
“Publisher” means Simple Flying Limited, 71 – 75 Shelton Street, London, England, WC2H 9JQ
“Rate Card” means the Publisher’s current scale of charges for Advertisements, a current copy of which may be obtained from the Publisher.
2. Formation Of Contract
2.1 An application to purchase advertising space shall be made via an e-mailed Order Form or request.
2.2 The person or persons submitting an Order Form on behalf of the Advertiser shall be deemed to have full authority to do so on behalf of the Advertiser and the Advertiser shall have no right to claim as against the Publisher that such a person or persons did not have such authority.
2.3 The Contract is formed when the Advertiser receives a Confirmation of Order from the Publisher in response to an Order Form. For the avoidance of doubt, no Contract will come into existence until a Confirmation of Order is issued by the Publisher.
3. Advertiser Warranties
The Advertiser warrants that:
3.1 in relation to an Advertisement, the Advertiser contracts with the Publisher as principal, notwithstanding that the Advertiser may be acting directly or indirectly for an Advertiser as an advertising agent or media buyer or in some other representative capacity;
3.2 the reproduction and/or publication of the Advertisement as originally submitted or as amended pursuant to Paragraphs 4.1 and 4.3 will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render the Publisher liable to any claim or proceedings whatsoever;
3.3 all information supplied by the Advertiser in connection with the Advertisement, or contained in the Advertisement is accurate, complete and true;
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 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, Advertiser is, or the Advertisement has 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 Union) for the time being in force or applicable in the United Kingdom; and
3.7 all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice (as published from time to time) and all other relevant codes under the general supervision of the Advertising Standards Authority (or any body which undertakes similar activities in replacement of such body) (“Codes”).
4. Publisher’s Rights
4.1 The Publisher may reject or require to be amended, any artwork, materials and copy for or relating to an Advertisement so as to comply with legal or moral obligations placed on the Publisher or the Advertiser, or to avoid infringing a third party’s rights or the Codes.
4.2 Whilst the Publisher will use reasonable efforts to comply with the Advertiser’s wishes, it gives no representation, warranty or undertaking as to the date of insertion, the wording, or the quality of the colour or mono reproduction of the Advertisement.
4.3 Charges will be made to the Advertiser where production work of any kind is required to put the Advertisement in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of Advertisement copy and these charges will be agreed prior to publication. In the event that the requirement for such production work does not become apparent to the Publisher until the manufacturing cycle begins, the Publisher will make reasonable standard charges to cover the cost of the work undertaken.
4.4 If the Publisher considers it necessary to alter the date or position of insertion or make any other alteration it shall notify the Advertiser of this as soon as it reasonably can and the Advertiser will have the right to cancel the insertion of that Advertisement if the alterations requested are unacceptable. If such changes are due to circumstances beyond the Publisher’s control and cannot be notified to the Advertiser prior to commencement of the printing cycle of the relevant publication, the Advertiser shall be liable for the Fee.
4.5 The Publisher reserves the right in its absolute discretion to cancel the Contract or to omit or suspend an Advertisement for good reason (for example if the Advertisement is libellous, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as possible.
4.6 In circumstances where, in the Publisher’s discretion, the Publisher arranges to supply proofs of copy to the Advertiser, all copy must be supplied by the Advertiser to the Publisher by the last time for receiving copy as stated on the Confirmation of Order. If all copy is not received on this date, the Publisher cannot guarantee that proofs will be supplied or corrections made.
4.7 If final copy instructions are not received by the last time for receiving copy, the Publisher reserves the right in its absolute discretion to repeat the Advertiser’s existing copy in its possession where appropriate or, where the Publisher does not hold any copy, to omit the Advertisement and to charge for the space reserved in accordance with Paragraph 5.
5.1 Unless otherwise stipulated by the Publisher, payment is due from the Advertiser within 30 days of the date of the invoice which will be issued on publication of the Advertisement. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertising space booked by the Advertiser. If such payment is not received, the Publisher shall be entitled to:
5.1.1 terminate the Contract forthwith by written notice to the Advertiser;
5.1.2 require payment in advance for any future bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser.
5.2 If any sum payable under this Contract is not paid when due, then that sum shall bear interest from the due date until payment is made in full, both before and after any judgment, at 4 per cent per annum over the Lloyds TSB Bank plc base rate from time to time.
5.3 All amounts are subject to VAT charged at 20% or at any other prevailing rate, unless otherwise stated.
6.1 In the event of any breach of the Publisher’s express obligations under the Contract, the Advertiser’s remedies will be limited to damages.
6.2 The Publisher does not exclude its liability (if any) to the Advertiser:
6.2.1 for personal injury or death resulting from the Publisher’s negligence;
6.2.2 for fraud or fraudulent misrepresentation;
6.2.3 for any matter for which it would be illegal for the Publisher to exclude or to attempt to exclude its liability.
6.3 The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, or at all, the Publisher’s maximum liability to the Advertiser shall be as set out in Paragraph 8.
7. Except as provided in Paragraphs 6 and 8, the Publisher will be under no liability to the Advertiser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
7.1.1 any breach by the Publisher of any of the express or implied terms of this Contract;
7.1.2 any statement made or not made, or advice given or not given, by or on behalf of the Publisher; or otherwise under this Contract.
7.2 Except as provided in Paragraphs 6.1 and 6.2, the Publisher hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Advertiser.
7.3 Each of the Publisher’s employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in Paragraphs 6.1 to 7.2 in that person’s own name and for that person’s own benefit, as if the words “its employees, agents and sub-contractors” followed the word Publisher wherever it appears in those paragraphs.
7.4 The Advertiser acknowledges that the above provisions of Paragraphs 6 and 7 are reasonable and reflected in the Fee which would be higher without those provisions, and the Advertiser will accept such risk and/or insure accordingly.
7.5 The Publisher shall not be liable in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one calendar month of the publication date of the Advertisement and shall have no liability to the Advertiser save as set out in Paragraph 6.2.
7.6 It shall be the Advertiser’s responsibility to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one). The Publisher assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately after the error occurs.
8. Subject to Paragraphs 6.2 and 7, the Publisher’s aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct loss howsoever caused or arising shall be limited to the Fee.
9.1 The Advertiser agrees to indemnify, keep indemnified and hold harmless the Publisher from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which the Publisher incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure in performance by the Advertiser of the terms of the Contract.
10.1 The Advertiser may cancel any Contract at any time at least two week prior to the copy deadline date of a particular insertion. Cancellation will be effective once written notice thereof is received by the Publisher.
10.2 The Advertiser’s property, originals, artwork, type, mechanicals, positives etc are held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the right to destroy all originals, artwork, type, mechanicals, positives etc which has been in its possession for more than six months and no liability shall be attached to the Publisher in respect of such destruction.
11. Data Protection
Your information will be held by the Publisher, in accordance with the Data Protection Act 1998 and added to our marketing databases. It may be used for internal statistical analysis, to fulfil any requests from you for further information and services and to contact you by mail, telephone or email about other services or events offered by the Publisher. We may pass your details to our associated companies, but we will only allow their use for the purposes mentioned above. We may also transfer your details to any successor to our business (or a relevant part of it). This privacy statement applies to all information that we hold about you.
If you have any queries regarding our Data Protection Policy, please call InfoTech Communications’ head office on 07899 992389 and we will assist you with your queries.
12.1 The Contract, together with any such additional terms and conditions as may be set out in the Rate Card or Order Form contains all the terms which the Publisher and Advertiser have agreed in relation to the publishing of the Advertisement. In the event of any inconsistency between these Terms and Conditions, and those set out in the Rate Card or Order Form, these Terms and Conditions shall prevail. The Advertiser acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Publisher which is not set out in the Contract, Rate Card or Order Form. Nothing in this Paragraph 12.1 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
12.2 Each right or remedy of the Publisher under the Contract is without prejudice to any other right or remedy of the Publisher under this or any other contract.
12.3 Any notice in connection with the Contract will be in writing addressed to the Publisher at 20, Holly Blue Road, Wymondham, Norfolk, NR18 0XJ or in relation to the Advertiser, at the address supplied on the Order Form and will be delivered by hand, or first class or special delivery post. The notice will be deemed to have been duly served, if delivered by hand, when left at the proper address for service or if made by pre-paid, first class post or special delivery post, 48 hours after being posted.
13. If any paragraph or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
14. No failure or delay by the Publisher to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
15. The Advertiser may not assign, or transfer any of its rights or obligations under the Contract without the prior written consent of the Publisher. The Publisher may assign all or any part of the Contract without giving notice to or obtaining the consent of the Advertiser.
16. Save as provided in Paragraph 7.3, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
17. The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law. The English Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Contract. The parties agree to submit to that jurisdiction.