Terms and Conditions (Publications)
- Buyer means the person placing the Order with Responding to Climate Change (RTCC).
- Client means the person wishing to place a Presentation in a Publication.
- Contract means the contract between the Client and Responding to Climate Change (RTCC) in relation to a Presentation.
- RTCC means Responding to Climate Change Limited (registered in England and Wales with company number 04395517.)
- Presentation means the article, presentation, advertisement or other item to be displayed by RTCC in a Publication on behalf of the Client in accordance with the Technical Specification.
- Publication means the publication, magazine or other medium (whether in print or online) within which a Presentation will be displayed.
- Order means a booking for the insertion of a Presentation in a Publication.
- Invoice means payment details from the Order. This Invoice will indicate the cost of the Presentation as net cost.
- Materials mean all copy and other materials to be supplied by the Buyer to RTCC in respect of the Presentation.
- Technical Specifications means the required technical specifications in respect of a Presentation as set out at www.rtcc.org/specifications or as provided to the Client by RTCC from time to time.
2. BASIS OF CONTRACT
- 2.1 The placing with RTCC of an Order will amount to acceptance of these Terms.
- 2.2 The Buyer contracts with RTCC as principal. If the Buyer is acting as an advertising agency or media buyer for the Client or in some other representative capacity, the Buyer warrants that it is authorised by the Client to place the Presentation and will indemnify RTCC against any claim made by the Client against RTCC arising from the Presentation.
3. ACCEPTANCE OF PRESENTATION AND SPECIFICATION
- 3.1 The Order shall be deemed to be accepted when RTCC issues to you an invoice in respect of your Order and on which date the Contract shall come into existence and become legally binding. The invoice will be a net invoice.
- 3.2 Materials supplied must conform to the Technical Specifications. Materials not conforming to the Technical Specifications will cause additional work for RTCC. The Buyer will be charged for this additional work at RTCC’s hourly rates of [£ amount] per hour plus VAT.
- 3.3 RTCC will use reasonable endeavours to furnish the Buyer with edited text as a Microsoft Word document prior to printing. This document must be returned to RTCC before the date stated on it for any amendments to take place.
- 3.4 All Presentations are accepted subject to RTCC’s approval of the Order and space being available in the Publication. RTCC reserves the right, for any reason at any time, to reject, cancel, suspend the Publication or change the position of a Presentation in a Publication. However, RTCC will use reasonable efforts to comply with the wishes of the Buyer although it does not guarantee the date or position of insertion of the Presentation, the wording or the quality of the Presentation’s reproduction.
- 3.5 The Client will include on its website a link to their article or Presentation, as published on www.rtcc.org. The exact URL to link to will be supplied by RTCC once the Publication has gone to press.
- 3.6 RTCC shall use reasonable endevours to assist the representatives of Clients to attend certain UN conferences which are relevant to the Publication but the Client and the Buyer acknowledge that attendance or admission to such conferences is not and cannot be guaranteed.
4. ERRORS AND OMISSIONS
- 4.1 If a Presentation does not appear, or does not appear on the specified date, RTCC will not be liable, whether for breach of contract or otherwise.
- 4.2 If any non-appearance of the Presentation occurs as a result of the act or default of the Client or its servants or agents then the space reserved for the Presentation shall be paid for in full.
- 4.3 RTCC will not be responsible for any error in the Presentation, or for any damage to or loss of copy, artwork, photographs or other materials supplied in connection with the Presentation. The Buyer confirms that it has insured and retained in sufficient quality and quantity copies of the Presentation for its purposes.
- 4.4 RTCC reserves the right to destroy all materials received in connection with a Presentation which have been in its custody for three months, without giving further notice to the Buyer.
- 4.5 RTCC is not responsible for errors in key numbers or changes in copy unless these are confirmed in writing before the copy deadline or such later date as agreed by RTCC. RTCC reserves the right to charge for any additional expense involved in such changes.
- 4.6 RTCC is not responsible for any adverse consequences for the Client of a print Presentation being backed by another presentation with a coupon, reply card or other matter designed for separate use.
- 4.7 RTCC reserves the right to use process colours to match second colour requirements.
- 4.8 If Materials are not received by RTCC before the copy deadline, the Presentation will not be published in the Publication. In such circumstances, the Buyer agrees that RTCC may publish the Client’s name and address in the Publication (but not the full Presentation) and, notwithstanding the fact the full Presentation has not been published, the Buyer will be liable to pay the full price of the Presentation.
- 4.9 Filming
Orders which involve filming require close liaison between the RTCC and the Client. In the event of the Client not producing a representative to be filmed at the agreed time and place, the Client will be responsible for all agreed filming, production and broadcasting costs as outlined in the Order. Equally, RTCC cannot be held responsible for the quality of the Client’s representative’s performance.
5. WARRANTIES AND EXCLUSION OF LIABILITY
- 5.1 The Buyer warrants that the Presentation complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the Presentation will appear. Without limiting the generality of the foregoing, the Buyer also warrants that the Presentation does not contain any libelous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any intellectual property, copyright, trade mark or other personal or proprietary right of any person or render RTCC liable to any proceedings whatsoever.
- 5.2 In addition, the Buyer warrants that the Presentation does not contravene the British Code of Advertising Practice (or any other similar code in the relevant jurisdiction) and is not in breach of any relevant legislation, including the Equality Act 2010, the Obscene Publications Act and any other legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Clients, products or services.
- 5.3 If any Presentation 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 Client has obtained the authority of such living person to make use of such name, representation and/or copy.
- 5.4 The Buyer and/or the Client (as the case may be) is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Presentation relates and will indemnify and hold RTCC harmless accordingly.
- 5.5 The Buyer shall indemnify RTCC fully and hold RTCC harmless against any and all losses, claims, damages, costs (including legal costs) or liabilities which RTCC may incur as a result of (i) the publication of the Presentation and (ii) without prejudice to the generality of the foregoing, any breach or alleged breach of any of paragraphs 5.1, 5.2 and 5.3 above.
- 5.6 To the full extent permitted by law, RTCC will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Presentation or this agreement or any error in the Presentation or any failure of the Presentation to appear for any cause whatsoever.
- 5.7 RTCC reserves the right to withdraw and/or refuse to publish a Presentation without liability to the Buyer if:
- (a) it believes that the Presentation may make RTCC or the Client liable to any complaint, claim or proceedings; or
- (b) for good reason, at the discretion of RTCC,
and in either circumstances, RTCC shall notify the Buyer as soon as possible.
6. CANCELLATION AND PAYMENT
- 6.1 Credit accounts must be settled in accordance with the terms shown on the invoice. In default, all invoices are payable immediately. Interest will be charged monthly on overdue accounts at the rate of 6% above the Barclays Bank plc. Minimum Lending Rate.
- 6.2 Cancellation or suspension of a Presentation by the Buyer. The Buyer will be charged a cancellation fee of 100% of the booking fee payable immediately and for the avoidance of doubt a cancellation by the Buyer will not entitle the Buyer to any refund.
- 6.3 Cancellation or suspension of a Presentation by RTCC under paragraph 5.7 (a) above and for the avoidance of doubt will not entitle the Buyer to any refund and in such circumstances, the Buyer will be liable to immediately pay the 100% cancellation fee of the booking fee.
- 6.4 Cancellation or suspension of a Presentation by RTCC under paragraph 5.7 (b) above and the avoidance of doubt will not entitle the Buyer to any refund where the reason is due to the default or an act or omission of the Buyer or the Client and in such circumstances the Buyer will be liable to immediately pay of the 100% cancellation fee of the booking fee.
7. FORCE MAJEURE
- 7.1 RTCC shall not be liable to the Client or the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event (as defined below).
- 7.2 A Force Majeure Event means an event beyond the control of RTCC including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of RTCC or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or any subcontractors.
- 8.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
- 8.2 RTCC reserves the right to change these Terms at any time and encourage the Buyer and/or the Publisher to revisit these Terms periodically to ensure that they are at all times fully aware of them. Any changes are effective immediately upon posting to RTCC’s website.
- 8.3 The parties shall keep the Contract and its subject matter confidential and not divulge any information contained therein to any third party unless otherwise required to disclose such information by law.
- 8.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
- 8.5 English and Welsh law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.