Welcome Week Terms & Conditions
Terms & Conditions
Services
Full details of what is included in the services we have agreed to supply to you are set out in the booking form and attached to these terms and conditions
Our Rights and Responsibilities
BCUSU can decide not to provide a service. In this situation you will be entitled to a full refund of any money you have paid but you will not be entitled to any other compensation or damages. BCUSU will not be liable for any disruption or delay in producing or distributing the service, or for failing to perform our duties under this Agreement if the failure is caused by circumstances beyond our control. BCUSU accept all artwork from you on the understanding that you have unconditionally approved the artwork for the service to be provided.
Your Rights and Responsibilities
All media copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have the authority to use any trade name, trademark, British Standard Mark, or other quality assurance mark, logo or other material that is used in the Copy. BCUSU shall not be held responsible if any of the aforementioned have been used without authority. You must own the copyright in the Copy and the copy must not infringe the copyright any third party has in the copy. You must be authorized to use any logo or name of any trade association you use in the copy and you must be a paid up member of the Trade Association. Standard payment terms are fully cleared payment in advance of the service deadline date, due on the date the order is confirmed by you, unless you have pre-arranged payment terms agreed by the Marketing Department of BCUSU. If you do not make any payment or instalment due under this Agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. Primarily the person who signs this booking form will deem payment payable and then secondly the company of the person who has signed this booking form. You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from processing or access, publish, display or distributing of any information or material you gave us, including any claims arising as a result of defamation, illegality, false description or breach of any third party rights. The order must be placed in the ordinary course of your business and the Media must be for your own business or a client of yours, if acting as an agency. You must not sell the advertising space to any other party. Should you require your original artwork to be returned you must state this in your order form. Should you not state this; your artwork will be held by BCUSU for 21 days after delivery of the service and then destroyed.
Obligations
BCUSU does not warrant or guarantee that the services will generate any particular level of campaign response or sales even where the media proposal may refer to the response levels that may be generated.
Liability
Our only liability (if any) under this Agreement will be to provide a refund if we fail to perform our duties. We will not be liable for any indirect or consequential loss or damage arising from any rented, published, displayed or distributed media, or from not placing the orders in the campaign, even if resulting from our negligence.
Privacy
BCUSU complies with the Data Protection Act 1998. We know that your privacy is very important to you and that you take the security of your information seriously. We do not store payment card details nor do we use any information you supply to us for any reason unless you have given us permission to do so. BCUSU will take all reasonable steps to protect your information, but data can never be guaranteed 100% secure. Please note that we will not be liable for any breach of security out of our control.
Delivery
All attempts will be made to deliver the services in full on or before the completion date agreed by both parties but time is not of the essence. BCUSU cannot be held accountable for technical difficulties out of our control nor can we assist with technical problems beyond the range of services we offer. In the event of any complications all reasonable endeavours will be made to ensure that the contract is delivered in full and on time.
Cancellation and Amendments
Amendments and cancellations must be made in writing. A requested amendment may result in an increase in the cost and time required to complete the project and therefore an increase in price. Any price increases will be notified to you. Cancellations of contracted work may result in a charge to you for costs already incurred by BCUSU in the delivery of the services.
BCUSU will endeavour to replace the commitment with a contract or project of equivalent value. Total cancellation will incur if a new arrangement is not made or if a replacement contract cannot be secured and in these circumstances a cancellation charge will then be levied. Any cancellation of services up to 4 weeks prior to commencement will be charged at 100% of the price.
Cancellation prior to 4 weeks before the commencement date will be refunded in full. Under exceptional circumstances, BCUSU reserves the right to cancel any commitment with you, without any obligation on its part, should:
a) There be any occurrence beyond the reasonable control of BCUSU, which will prevent us from performing our duties.
b) If BCUSU believes the arrangements made will prejudice our reputation.
c) If the client or third party has an unsettled account or dispute with BCUSU.
d) If BCUSU becomes aware of changes in the clients financial situation.
e) If the client fails to comply with these terms and conditions.
Copyright
Material produced by BCUSU is the result of creative skill and significant labour and the copyright of the work rests with BCUSU. Artwork produced on behalf of, and paid for in full by, a client carries joint copyright. BCUSU is the sole owner of any artwork produced that is not paid for. Permission must be sought before any material can be copied; adapted; issued; distorted; rented; lent; presented to the public or broadcast. Infringement of copyright is a criminal offence. Payment Invoices are sent upon confirmation of media bookings. Payment by BACS or credit card must be received by the date stated on the invoice. BACS transfer details are available upon request. Failure to pay in full by the deadline stated on the invoice will result in a penalty charge of 8% above the base interest rate on total amount owed.
Our accountants will issue updated invoices every seven days thereafter from the due date until payment is received. After 14 days any unpaid debts will be pursued and collected by the Company solicitors. All debt recovery or court costs incurred will be added to the sum owed by the client. Advertising Excellence Ltd, although it will act as an intermediary, cannot be held financially accountable for the acts or omissions of its clients or third parties.
English Law
These terms and conditions and any dispute arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.