Sound Solutions Advertising Ltd.
T/a Sound Solutions Design & Print
TERMS AND CONDITIONS OF BUSINESS.
“The Company” shall mean Sound Solutions Advertising Limited.
“The Client” shall mean the person, firm or Company by whom an order for services is placed and shall include the Client’s successors in title and assigns.
2. Acceptance of Terms & Conditions
The placing of an order by the Client for services offered by the Company whether orally or in writing shall be deemed to incorporate these terms & conditions.
(a) Any media, print order and/or event activity can be cancelled by either party provided that written notice is received by the Company or the Client (as the case may be) not less than 28 days before commencement of any media campaign and/or print order and/or event activity.
(b) Cancellations by the Client made within 28 days of commencement will only be accepted in writing if suppliers to the Company (if any) involved in the order will also accept cancellation.
(c) Any costs incurred by the Company in the case of any cancellation will be payable by the Client.
(a) The Client will be required to pay in full not less than 4 working days before the commencement of any advertising, campaign sales promotion, event activity or design & print work unless otherwise agreed in writing by the Company.
(b) If credit terms are offered by the Company to the Client in writing the Client shall be entitled to pay up to but not exceeding the 28th day following the month in which the advertising, campaign sales promotion or event was provided.
(c) Payments received after the due date shall incur a charge of 6% above the base rate of HSBC Bank in force at the time of default.
(d) The Company reserves the right to vary credit terms to a Client by written notice at any time.
(e) The Client shall be liable to pay VAT at the prevailing rate on all invoices.
5. Warranties & Indemnities
The Client warrants that the Client will be responsible for obtaining and paying for all necessary licenses, certificates, statutory and other memberships and other legal requirements in connection with the Clients trade or business which may grant or govern the way in which any product or service can be promoted.
(a) The copyright in all creative work created by the Company shall remain with the Company, unless agreed otherwise in writing.
(b) The Company will obtain and hold where possible all necessary rights in respect of copyright material commissioned by the Company for the Clients.
(c) The copyright in creative work commissioned by the Company from third parties will normally rest with the supplier. The Company will use its best endeavours to obtain necessary user rights or assignment of copyright.
7. Limit of Liability
(a) The Company shall not be liable for any delay in or omission of the publication or transmission of any error in any work produced nor delay in posting or delivery except in the case of any default neglect or negligence on the part of the Company.
(b) If due to the occurrence of events over which the Company has no control, the Company fails to complete an assignment in the manner and time required by the terms of the contract the Company shall not be liable for any loss or damage which may be incurred as a result of such failure.
(c) The Client will indemnify the Company against any loss the Company may incur as a result of any claim or proceedings brought against the Company based upon any work prepared for the Client by the Company and approved by the Client before publication unless the claim or proceeding is brought as a result of any negligence default or failure by the Company.
8. Codes of Practice
(a) The Company shall strictly abide by the rulings of the Advertising Standards Authority, the Independent Television Association and The Radio Authority and it shall comply strictly with the British Code of Advertising Practice and other codes of advertising standards laid down on a self regulatory basis within the advertising industry to ensure that all advertising placed by he Company is legal, decent, honest and truthful and shall also abide by any other laws and regulations governing any activity made under this agreement within the UK.
(b) In order to satisfy the requirements of the above codes of practice, or any statutory requirements the Client agrees to supply the Company without delay with objective factual evidence, if required, in support of any product claims the Client wishes to make.
(c) The Client agrees to inform the Company immediately if the Client considers a claim made in any material supplied to the Client by the Company for approval is incorrect or misleading in relation to the Clients product or service.
The Company shall not disclose without the Clients permission during or after the companies term of appointment any confidential information resulting from studies or surveys commissioned and paid for by the Company or otherwise disclosed directly or indirectly to the Company during the period of this agreement.
(a) The Company agrees to comply with the Data Protection Act 1986 and the Client agrees to furnish the Company with details of the Client’s registration under the Act (if required). The Client warrants that any personal data supplied for use in its campaigns has been appropriately obtained and registered under the Act.
(b) Any notice to be given under this Agreement shall be in writing addressed to the principal place of business, registered office or such other addresses as may be notified by either party to the other for this purpose. Writing shall include facsimile transmission or similar means of communication.
(c) No waiver by the Company or any breach of this Agreement by the Client shall be considered a waiver of the subsequent breach of the same or any other provision.
(d) If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement shall not be affected.
The Laws of England shall govern this Agreement.
Sound Solutions Advertising Ltd
2 Waterside Business Park,
East Yorkshire HU13 0EH
Tel: 01482 626343
Company Registration Number: 3151141
Established February 1996